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Australian Customs and Border Protection Notice (ACN) No. 2013/02 (January 8, 2013) announced that the Australian Government recently introduced new measures to strengthen Australia’s export controls. New section 112BA of the Customs Act 1901 (the Act) provides the Minister for Defence with a power to prohibit the export of otherwise non-regulated goods that may contribute to a military end-use that may prejudice Australia’s security, defence or international relations. In the context of this new law, goods are, or may be, for a military end-use if they are or may be for use in operations, exercises or other activities conducted by an armed force or an armed group, whether or not the armed force or armed group forms part of the armed forces of the government of a foreign country. An armed force or armed group may include, but is not limited to: Military or Defence Forces; Police forces; Coast guard; Militant or insurgent groups; Private security companies; and Terrorist or criminal organisations.
Where the Minister for Defence suspects that a particular good, if exported, would or may be for a military end-use contrary to Australia’s security and or national interest, then the Minister may issue a notice to prohibit the export. A prohibition notice will remain in force for up to 12 months, unless revoked by the Minister. Contravention of a prohibition notice is an offence and attracts a maximum penalty of 10 years imprisonment or 2,500 penalty units, or both. The military end-use law complements measures introduced in the Defence Trade Controls Act 2012, which also addresses other export control matters including brokering, providing of services and intangible technology transfers. Further information can be found at the Defence Export Control Office website. |
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