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Australia. 2012 ‘International Transfers.’ National Report of Australia on its Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPoA); Section 3.6, p. 2. New York, NY: Permanent Mission of Australia to the United Nations. 23 March

Relevant contents

6. Does your country have laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW? YES

6.1. List laws, regulations or administrative procedures to exercise effective control over the export, import, transit or retransfer of SALW:

Customs Act (1901) Customs (Prohibited Imports) Regulations (1956) Customs (Prohibited Exports) Regulations (1958) The Defence Export Control Office (DECO) is authorised under the Customs Act (1901), specifically Regulation 13E of the Customs (Prohibited Exports) Regulations 1958, to control the export of SALW.

DECO provides policy on export controls relating to defence and dual-use goods and technology, and issues relevant export permissions or denials, import certificates and end user documentation.

Australia considers applications to export defence and dual-use goods on a case-by case basis, and approvals are issued only for exports that are consistent with Australia's international obligations and broader interests, including foreign policy, security and human rights considerations.

Export applications could be denied on the following grounds:

International Obligations - where goods are destined for countries to which the United Nations Security Council (UNSC) has imposed sanctions restricting the sale, supply or transfer of defence or dual-use goods; - where goods are destined for countries where the export might be used in a manner contrary to Australia's international obligations or commitments;

Human Rights - where there is a clearly identifiable risk that the goods would be used to commit or facilitate serious human rights abuses;

Regional Security - where goods might contribute to instability in the region or aggravate a threat to international and regional peace and security or aggravate the situation in a region which could become a cause of serious concern; - where goods might be used in internal or external conflicts or that could further militarise the situation in the destination country;

National Security - where goods might compromise Australia's wider security interests, its obligations to its allies and friends and its broader international responsibilities; - where goods are destined for countries with policies or interests which are inimical to the strategic interests of Australia or its friends and allies; - where goods might adversely affect Australia's military capability or substantially compromise its operational capabilities or enhance the power projection capabilities of our potential adversaries;

Foreign Policy - where goods are destined for countries developing (or suspected of developing) weapons of mass destruction or the means for their delivery, or supporting terrorism, or whose behaviour or foreign policies risk major disruption to global or regional stability; and - where goods might cause adverse reactions by third countries important to Australia, which may affect Australia's interests, in particular, our regional relations and might be used for mercenary, terrorist or other criminal activities.

[SALW = Small Arms and Light Weapons]

ID: Q6497

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