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DEFENCE TRADE CONTROLS REGULATION 2013 (SLI NO 93 OF 2013) - REG 8

Issue of permits--criteria to which the Minister must have regard

                   For subsections 11(4) and 16(4) of the Act, the table sets out the criteria to which the Minister must have regard for the purpose of:

                     (a)  giving a permit for a specified supply; or

                     (b)  giving a permit for a specified arrangement.

 

Criteria for permits

Item

Criteria

1

The risk that the DSGL technology or the goods may go to a country upon which the Security Council of the United Nations has imposed a sanction restricting the sale, supply or transfer of technology or goods

2

The risk that the DSGL technology or the goods may go to a country where it may be used in a way contrary to Australia's international obligations or commitments

3

The risk that the DSGL technology or the goods may be used to commit or facilitate serious abuses of human rights

4

Whether the supply of the DSGL technology or the goods:

(a) may aggravate:

(i) an existing threat to international peace and security or to the peace and security of a region; or

(ii) a particular event or conflict of concern to Australia; or

(b) may otherwise contribute to political instability internationally or in a particular region

5

Whether the DSGL technology or the goods will:

(a) be used for conflict within the destination country or international conflict by the destination country; or

(b) further militarise conflict within the destination country

6

Whether the supply of the DSGL technology or the goods will compromise or adversely affect Australia's defence or security interests, its obligations to its allies and countries with which it maintains good diplomatic relations, and its international obligations and responsibilities

7

Whether the DSGL technology or the goods may go to a country that has policies or strategic interests inimical to the policies and strategic interests of Australia, its allies, or countries with which Australia maintains good diplomatic relations

8

The risk that the supply or use of the DSGL technology or the goods will:

(a) adversely affect Australia's military capability; or

(b) substantially compromise an Australian defence operation; or

(c) increase the military capability of a country that is a potential adversary of Australia

9

The risk that the DSGL technology or the goods may go to a country:

(a) that is, or is reasonably suspected of, developing:

(i) weapons that may be capable of causing mass destruction; or

(ii) the means of delivering them; or

(b) that supports, or is reasonably suspected of supporting, terrorism; or

(c) whose actions or foreign policies pose a risk of major disruption in global stability or the stability of a particular region

10

Whether the supply of the DSGL technology or the goods to a country will lead to a reaction by another country that may damage Australia's interests or relations with the other country or with a particular region

11

Whether the DSGL technology or the goods may be used for mercenary activities or a terrorist or other criminal activity



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