When Privacy Meets Security – The Impact Of Export Control Reforms On Information Security

KEY TAKEAWAYS

The Defence Trade Controls Amendment Act 2024 commences on 1 September 2024. This includes the expansion of controls to certain supplies that occur within Australia.

The controls can impact everyday technology. For example, the threshold for controls on certain encryption technology is based on a standard adopted by the US government in the 1970s.

Australian businesses now have six months to ensure they are complying with these rules. The consequences of non-compliance can include significant penalties and imprisonment.

Much of the discussion regarding Australian export controls reforms has been filtered through the prism of AUKUS. While this is understandable, the focus on defence has perhaps led to a failure to recognise the implications for other industries, who may soon find themselves subject to export controls, even for transfers that occur within the bounds of Australia.