Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 MAY 2023

AUKUS, ITAR, export control reform and the Australian defence industry

Piper Alderman
Piper Alderman
Contributor
Piper Alderman

Piper Alderman

Helping shape the future of business in Australia with practical, commercial and cutting-edge legal...

View firm profile
Explore more from Piper Alderman

Export control reform is necessary in three countries to allow the AUKUS defence project to proceed without undue delay.

AustraliaGovernment, Public Sector
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Laura Coppola
Laura Coppola
Author LinkedIn connections

The AUKUS security alliance presents an opportunity to address export control reform and the issues the Australian defence industry may face with ITAR and other US export controls.

Introduction

The AUKUS trilateral security pact is a significant development in both the international and national defence industry landscape. The AUKUS alliance will, amongst other things, see the Royal Australian Navy purchase at least three US Virginia-class nuclear submarines, and later, build approximately eight conventionally armed, nuclear-powered "SSN-AUKUS" class submarines, based on a UK design.

The practical application and future of AUKUS by the combined governments of Australia, the United States and the United Kingdom highlights the issues the Australian Defence industry may face with US export controls, such as the International Traffic in Arms Regulations (ITAR), as AUKUS continues.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Podcast

Modern Slavery In Transition: A Podcast Series With Mallesons

Modern slavery frameworks are undergoing rapid transformation globally, with organisations facing mounting pressure to demonstrate meaningful action beyond mere reporting. This three-part podcast series examines the legal, regulatory and practical developments reshaping modern slavery compliance across Australia, the UK and beyond, from enforcement reforms and mandatory due diligence to trade restrictions and emerging litigation risks.
AustraliaGovernment, Public Sector
Slaughter and May
Slaughter and May
Article

Automated Decision-Making: New OAIC Guidance Highlights Expectations For Government Agencies

Australian government agencies face a December 2026 deadline to update their privacy policies with detailed explanations of automated decision-making systems. The Office of the Australian Information Commissioner's new guidance clarifies when computer-assisted decisions trigger disclosure obligations, how human oversight affects those requirements, and what specific information agencies must reveal about the personal data and decision types involved in their automated processes.
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich
Article

Mandatory AI Safety And Security Protections For Frontier AI: Australia Sets Its Direction

The Australian Government has announced plans to legislate mandatory AI safety and security protections for frontier AI companies operating in Australia, establishing a new targeted regulator to enforce compliance. The proposed framework will require companies to maintain security controls, identify risks, allow independent evaluations, and rapidly report incidents, though key details regarding definitions, thresholds, and penalties remain to be determined through consultation and drafting.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Podcast

Employment Relations Podcast – Enterprise Bargaining In The Spotlight: Intractable Deadlock Or Genuine Agreement?

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Mandatory AI Safety And Security Protections For Frontier AI: Australia Sets Its Direction

The Australian Government has announced plans to legislate mandatory AI safety and security protections for frontier AI companies operating in Australia, establishing a new targeted regulator to enforce compliance. The proposed framework will require companies to maintain security controls, identify risks, allow independent evaluations, and rapidly report incidents, though key details regarding definitions, thresholds, and penalties remain to be determined through consultation and drafting.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Article

Benchmarking “not Too Closely” – Is It Still Too Close?

The Full Federal Court has clarified the test for copyright infringement in artistic works on product packaging, rejecting a generalised 'look and feel' approach in favour of detailed side-by-side comparisons. In a dispute between Aldi and Hampden Holdings over baby snack packaging, the Court found that five of Aldi's eleven MAMIA designs infringed copyright, despite Aldi's deliberate strategy to stay 'not too close' to its competitor's benchmark designs.
AustraliaIntellectual Property
Piper Alderman
Piper Alderman
Article

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors in transactions valued at $50 million or more must notify the Australian Taxation Office when providing non-indirect Australian real property interest declarations. These new requirements introduce strict notification deadlines, comprehensive reporting obligations, and significant penalties for non-compliance. How will these reforms impact transaction planning, risk allocation between parties, and completion mechanics for cross-border deals?
AustraliaTax
Piper Alderman
Piper Alderman
Article

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.
AustraliaTechnology
Piper Alderman
Piper Alderman