The Defence Trade Controls Amendment Act 2015 entered into Australian federal law on 16 May 2015. In regulating the extent to which one is able to communicate new technologies overseas – and in providing criminal sanctions for non-compliance, the new legislation stands to impact significantly upon the day-to-day activities of both Shelston IP and our clients. The overseas communication of both military and “dual use” technologies (i.e., those capable of a military end use) may be restricted under the new legislation if they are covered under the Defence and Strategic Goods List (DSGL).
Shelston IP worked closely with the Defence Export Controls Office (DECO) throughout the public consultation process leading up to the implementation of the new legislation. Our internal systems are already compliant with the restrictions imposed. We fully understand the situation and will have taken the necessary steps to minimise any risks to the parties involved.
Shelston IP offers the following services in relation to potential DSGL-restricted technologies:
- Technology assessments (checking whether a technology falls within the scope of the DSGL)
- Communication audits (assessing whether ones proposed communication of the technology is likely to require a permit)
- Exemption analysis (assessing whether any of the DSGL exemption categories applies to a particular technology or its proposed mode/s of dissemination)
- Assistance in obtaining DSGL permit (for any technologies/communications covered under the DSGL and not subject to an exemption)
Based on our experience and understanding, compliance with the DSGL restrictions can be as easy as following a few simple rules. In some instances, a deeper consideration of the specific circumstances and legislative requirements will be necessary. Those concerned about their own internal procedures under the new legislation are invited to make contact with Shelston IP’s DSGL specialists, listed below.