Australian Arms and Palestine

Australia’s export control regime is regulated by the Defence Export Control Act 2012. The Minister for Defence has powers to refuse to exercise their licensing powers of supply of Defence and Strategic Goods List (DSGL) technology, if the permit would ‘prejudice the security, defence or international relations of Australia.’ In making that decision, the Minister or their delegate must have regard to criteria found in Defence Export Control Regulations 2013 regulation 8. The criteria are also found in Customs (Prohibited Exports) Regulations 1958 regulation 13E(4)(a) (which permits the actual physical export of goods). The criteria also give effect to Australia’s obligations under the Arms Trade Treaty (ATT), as well as other international obligations. These considerations are mandatory. They include: 

• The risk that the DSGL technology or the goods may go to or become available to a country where it may be used in a way contrary to Australia’s international obligations or commitments 
• The risk that the DSGL technology or the goods may be used to commit or facilitate serious abuses of human rights 
• Whether the supply of the DSGL technology or the goods, or the publication of the DSGL technology:

(a) may aggravate:

(i) an existing threat to international peace and security or to the peace and security of a region; or 

(ii) a particular event or conflict of concern to Australia; or 

(b) may otherwise contribute to political instability internationally or in a particular region. 

The claim has been brought by three Palestinian NGOs, Al-Haq, Al-Mezan Center for Human Rights, and the Palestinian Centre for Human Rights (PCHR), the latter two of which are based in Gaza. The NGOs are supported by their solicitors, the Australian Centre for International Justice (ACIJ) and a team of counsel from the Victorian Bar.

To get in touch with the claimants and their legal representatives, please see here.