Part Part 2 - Defence and Strategic Goods List 2024 - of the List 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. This Part is made up of the following 10 categories: | Zoe
Part 2of the List 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. This Part is made up of the following 10 categories:
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Part 2 of the List 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. This Part is made up of the following 10 categories:
Category 0 — Nuclear Materials;
Category 1 — Materials, Chemicals, Microorganisms 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 — Aerospace and Propulsion.
The List is amended from time to time to reflect changes in the various multilateral non‑proliferation and export control regimes of which Australia is a member.
Division 3—Interpretation
3.1 Definitions
Terms in “quotation marks” are defined terms (see Division 4—Definitions). Words and terms that are defined and that appear in the Defence and Strategic Goods List without quotation marks are intended to take their ordinary dictionary meanings.
3.2 Notes
The Notes, Technical Notes and Nota Bene (N.B.) appearing in the Defence and Strategic Goods List form an integral part of the control text.
3.3 Incorporated goods
The object of the controls contained in the Defence and Strategic Goods List should not be defeated by the export of any non‑controlled goods (including plant) containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes.
Note: In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know‑how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured.
3.4 New and used goods
Goods specified in the Defence and Strategic Goods List include both new and used goods.
3.5 CAS numbers
In some instances, chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (e.g. hydrates, isotopically‑labelled forms or all possible stereoisomers) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because:
(a) some forms of the listed chemical have different CAS numbers; and
(b) mixtures containing a listed chemical may also have different CAS numbers.
3.6 Source code
“Source code” items are controlled either by “software” or by “software” and “technology” controls, except when such “source code” items are explicitly decontrolled.
3.7 Medical equipment
Equipment specially designed for medical end‑use that incorporates an item controlled in the Dual‑Use List is not controlled.
3.8 Nuclear technology note (NTN)
Note: To be read in conjunction with section E of Category 0.
3.81 The “technology” directly associated with any goods controlled in Category 0 is controlled according to the provisions of Category 0.
3.82 “Technology” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non‑controlled goods.
3.83 The approval of goods for export also authorises the export to the same end‑user of the minimum “technology” required for the installation, operation, maintenance and repair of the goods.
3.84 Controls on “technology” transfer do not apply to information “in the public domain” or to “fundamental research”.
3.9 General technology note (GTN)
Note: This note applies to all technology controls in Categories 1 to 9 of the Dual‑Use List.
3.91 The export of “technology” which is “required” for the “development”, “production” or “use” of goods controlled in Categories 1 to 9, is controlled according to the provisions of Categories 1 to 9.
3.92 “Technology” “required” for the “development”, “production” or “use” of goods under control remains under control even when applicable to non‑controlled goods.
3.93 Controls do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or whose export has been authorised.
Note: This does not release such “technology” specified by 1E002.e, 1E002.f, 8E002.a and 8E002.b.
3.94 Controls on “technology” transfer do not apply to information “in the public domain”, to “fundamental research” or to the minimum necessary information for patent applications.
3.10 General software note (GSN)
Note: This note applies to all software controls in the Defence and Strategic Goods List.
3.101 The Defence and Strategic Goods List does not control “software” which is any of the following:
(1) generally available to the public by being:
(a) sold from stock at retail selling points, without restriction, by means of:
1. over the counter transactions; or
2. mail order transactions; or
3. electronic transactions; or
4. telephone order transactions; and
(b) designed for installation by the user without further substantial support by the supplier;
Note: Entry (1) does not release “software” specified in Category 5 ‑ Part 2 (“Information Security”).
(2) “in the public domain”;
(3) the minimum necessary “object code” for the installation, operation, maintenance (checking) or repair of those items whose export has been authorised.
Note: Entry (3) does not release “software” controlled by Category 5 ‑ Part 2 (“Information Security”).
3.11 General “information security” note (GISN)
3.111 “Information security” items or functions should be considered against the provisions in Category 5 Part 2, even if they are components, “software” or functions of other items.
3.12 Clinical trials note
3.121 Clinical trials where the clinical trial involve a therapeutic product which is entered on the Australian Register of Therapeutic Goods or which is, or is proposed to be, the subject of an exemption or approval pursuant to the Therapeutic Goods Act 1989, Therapeutic Goods Regulations 1990 or Therapeutic Goods (Medical Devices) Regulations 2002 are not controlled.