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ARTICLE · 25 MAY 2018

Update To Australian Export Controls For Tangibles

Australia's export control rules for tangibles have been amended to more closely align with the regime for intangible supplies.

AustraliaInternational Law

p>Australia's export control rules for tangibles have been amended to more closely align with the regime for intangible supplies.

As of 21 April 2018, changes to the Customs (Prohibited Exports) Regulations 1958 (Cth) came into force. The amendments are intended, so far as possible, to treat transfer of the same controlled subject-matter outside of Australia in a physical form consistently with intangible transfers (such as via email or allowing access by another intangible means).

The Regulations set the rules for export of controlled goods. The rules for controlled intangible supplies are contained in the Defence Trade Controls Act 2012 (Cth). Prior to amending the Regulations, the separate tangible and intangible regimes in some instances treated the same controlled subject-matter differently. For example, a person who brought goods containing controlled subject-matter into Australia on a temporary basis might have been required to obtain a permit to export the

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