Australia’s defense export control regime and critical technologies

Abstract

In 2023, Australia entered its second statutory review of export control legislation, an ongoing process since the unimplemented findings of the 2018 review, which declared the legislative framework no longer fit for purpose. A key finding of the 2018 review underscored the inadequacy of the existing legislative regime in addressing critical technologies, such as artificial intelligence. This paper proposes a strategic approach for Australia to enhance its defense export controls by drawing insights from other export control systems that have tackled similar issues. Through adept adaption of existing legislation and exploration of alternative strategies for regulating critical military technologies, this study aims to bring about concise and meaningful updates. The primary focus of the analysis centers on the challenges posed by emerging and disruptive technologies (EDT). Specifically, it seeks to highlight the novel characteristics of EDT and their potential military applications, necessitating specific consideration in the design of an export control regime. Furthermore, the paper aims to explore feasible enhancements to Australia’s domestic regulation, addressing existing gaps. These proposed reforms could assist in harmonizing Australia’s controls with those of the European Union (EU) and the United States (US), fostering global consistency in export control models. By identifying methods to enhance export control regimes of countries that play middling roles in the global defense export markets, such as Australia, this paper outlines a pathway for Australia's legislative evolution while contributing valuable insights to reflect upon the efficacy and influence of EU and US models in achieving global non-proliferation objectives.