Administrative Challenge in Federal Court of Australia

The application argues that the release of the information related to any recent export permits approved, is warranted on the basis that Israel is committing violations of international law, including international humanitarian law and international human rights law. The application cited several UN bodies and organisations, including the Secretary-General and UN special rapporteurs. 

Under the legislative scheme regulating arms exports (Defence Export Control Act 2012 and Defence Export Control Regulations 2013), before granting an export licence, the Minister for Defence must consider the risk that goods or technology being exported may be used to commit or facilitate serious abuses of human rights, or may go to a country where they may be used in a way contrary to Australia’s international obligations or commitments.  

The application sought information about recent export permits because it is argued that the permits may be affected by error and cannot be said to be made with proper consideration, that Australian exports may be being used to commit or facilitate serious violations of international law, and therefore the permits are in breach of Australia’s international obligations.