EXPLANATORY
STATEMENT
ISSUED BY THE
AUTHORITY OF THE MINISTER FOR DEFENCE
CUSTOMS ACT 1901
Defence and
Strategic Goods List - Amendment 2006
The Defence and Strategic Goods List (the List) is the
document formulated and published under paragraph 112(2A)(aa) of the Customs
Act 1901 by the Minister for Defence. The List identifies the goods which
Regulation 13E of the Customs (Prohibited Exports) Regulations 1958
prohibits from being exported from Australia unless a licence or permission has
been granted by the Minister or an authorised person and that licence or
permission is produced to a Collector of Customs before exportation.
The List embodies the export control guidelines developed by
the multilateral non-proliferation and export control regimes of which
Australia is a member. These regimes include the Wassenaar Arrangement, the
Missile Technology Control Regime, the Australia Group and the Nuclear
Suppliers Group. The List is therefore a complete, accurate and up-to-date
collection of all the controls that Australia has agreed to implement.
The List was first published in 1996 when the Customs
(Prohibited Exports) Regulations 1958 were consolidated and revised. The
List includes equipment, assemblies and components, associated test, inspection
and production equipment, materials, software and technology. It is divided
into two Parts.
Part 1 covers defence and related goods – those goods and
technologies designed or adapted for use by the armed forces or goods that are
inherently lethal. These goods include:
·
Military Goods, that is, those goods or technology that are
designed or adapted for military purposes including parts and accessories
thereof; and
·
Non-Military Lethal Goods, that is, equipment that is inherently
lethal, incapacitating or destructive such as non-military firearms,
non-military ammunition and commercial explosives and initiators.
Part 2 covers those goods that have
a dual use. Dual-use goods comprise equipment and technologies developed to
meet commercial needs but which may be used either as military components or
for the development or production of military systems or weapons of mass
destruction. Part 2 is further subdivided into 10 categories –
·
Category 0 – Nuclear Materials;
·
Category 1 – Materials, Chemicals, Micro-organisms and Toxins;
·
Category 2 – Materials Processing;
·
Category 3 – Electronics;
·
Category 4 – Computers;
·
Category 5 – Telecommunications and Information Security
·
Category 6 – Sensors and Lasers;
·
Category 7 - Navigation and Avionics;
·
Category 8 – Marine;
·
Category 9 – Propulsion Systems, Space Vehicles and Related
Equipment.
The List is amended from time to time to reflect changes in
multilateral non-proliferation and export control regimes. The DSGL is fully
aligned with the current European Union Dual-Use List and the Wassenaar
Arrangement Munitions List.
The last amendment to the DSGL was
made in December 2004. The Defence and Strategic Goods List Amendment
2006 reflects technology, non-proliferation and export control variations
introduced since 2004. These variations do not substantially alter the List’s
nature or overall content. The variations include:
·
adjustment of control parameter thresholds to reflect
technological advances;
·
introduction of new controls in response to emerging
technologies;
·
removal of controls no longer relevant to non-proliferation aims;
and
·
changes to existing text to improve clarity.
The Defence and Strategic Goods
List Amendment 2006 also incorporates minor stylistic and grammatical changes
in accordance with current government drafting practice.
The List is a disallowable instrument for the purposes of
section 42 of the Legislative Instruments Act 2003.
The List will commence on the day after it is registered and published on the Federal Register of Legislative
Instruments.
There was no
consultation in the making of this instrument as the instrument is required
because of an issue of national security.