Defence Export Controls (DEC) within the Department of Defence is Australia’s military and dual-use goods and technology export regulator.

DEC supports government, industry and academic sector stakeholders, and private individuals, to ensure the responsible movement of military and dual-use goods and technology to any place or person outside of Australia.

Through strategic partnerships with government, industry, academia, and private entities, DEC upholds the secure transportation of military and dual-use goods and technology internationally.

The Australian Defence Strategic Goods List (DSGL) is a legislative instrument under the Defence Trade Controls Act 2012. It defines the goods, software, and technologies that are subject to Australia’s export control laws because of their potential military, security, or strategic use. The DSGL is administered by the Australian Department of Defence — Defence Export Control (DEC) Office, with enforcement support from the Australian Border Force (ABF).

The DSGL is divided into two main parts:

• Part 1: Military Goods & Technology, covering items designed or modified for military use.
  
  Covering items designed or modified for military use.

OR

• Part 2: Dual-Use Goods & Technology, which includes items that are primarily for civilian use but have potential military or strategic applications.
  
  
  Which includes items that are primarily for civilian use but have potential military or strategic applications.
  

Night vision and thermal imaging devices typically fall under Part 2 — Dual-Use Goods, as they are used in industries like security, search & rescue, and wildlife monitoring but also have clear military and law enforcement applications. Certain high-specification or advanced devices — particularly those exceeding defined performance thresholds (e.g., high resolution, low light sensitivity, cooled thermal detectors, or export-controlled image intensifier tubes) — may also fall under Part 1 if designed specifically for military purposes.

Because of their classification on the DSGL as sensitive, export-controlled items, any international supply, export, or brokering of night vision or thermal imaging equipment from Australia requires prior approval from the Defence Export Control Office. Such goods are also subject to inspection and enforcement by Australian Border Force to ensure compliance with these regulations.

Certain products offered by Nocturnal Optics Australia are designated as Government, Law Enforcement, or Military Use Only. These items are subject to strict controls and are not available for purchase by the general public under any circumstances.

Access to these restricted products is limited exclusively to:

• Current Serving Military Personnel
  
• Sworn Law Enforcement Officers
  
• Recognized Government Departments or Agencies
  
• Authorised Procurement Entities operating under official capacity
  

To be eligible for purchase, prospective buyers must provide:

• Valid government-issued identification, and
  
• Written proof of active duty, official agency procurement authority, or contract-based authorisation
  

All verification materials must be submitted prior to purchase for review and approval at: admin@nocturnalopticsau.com

Orders for restricted products that do not meet these verification requirements will be cancelled without exception.

• The customer is hereby advised and acknowledges that items listed under the Defence and Strategic Goods List (DSGL) are subject to strict export control regulations. These items must not be resold, transferred, diverted, made available to, or otherwise disposed of outside of Australia, or to any foreign national within Australia, without prior written authorization from the Australian Defence Export Control Office (DECO).

• The customer is further advised and acknowledges that items classified under the U.S. Export Administration Regulations 99 (EAR99) are subject to re-export restrictions as administered by the U.S. Department of State’s Directorate of Defense Trade Controls and the Bureau of Industry and Security (BIS). Such items must not be resold, transferred, diverted, made available to, or otherwise disposed of outside of the United States or Australia, or to any foreign national within either country, without the express written consent of the U.S. Department of State.

• The customer and/or end-user is hereby notified and acknowledges that they may be required to complete and sign legally binding End-User Certificates (EUCs) and/or Re-Export Declarations to certify compliance with relevant export control legislation, including but not limited to the United States International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and the European Union Dual-Use Regulation. Refusal or failure to complete these documents may result in order cancellation or withholding of goods until compliance requirements are met.
  

• By proceeding with the purchase of Export-Controlled Goods, the customer and/or end-user agrees and acknowledges that Nocturnal Optics Australia, including any of its subsidiaries, branches, or affiliates, accepts no legal liability or responsibility for any breach of Australian or international export control laws resulting from the unauthorized re-export or handling of DSGL, ITAR, EAR99, or EU Export-Controlled items by the customer or end-user.

• By ordering any product(s) from Nocturnal Optics Australia (the “Site”), you certify that you, or any third-party entities acting at your direction, will not sell, transport, ship, or transfer outside the borders of Australia or any of its states or territories, nor to any foreign person*, any product(s) that are export-restricted by (but not limited to) Australian, European, or U.S. export control laws and regulations without proper export authorization, licensing, and documentation.

Nocturnal Optics Australia, including any of its subsidiaries, branches, or affiliates, will not engage in, support, or facilitate any transaction, whether directly or indirectly, that involves the unlawful export or re-export of prohibited or restricted items.

Nocturnal Optics Australia is proud to be a registered client with both the Australian Department of Defence — Defence Export Control Office (DECO) — and the Australian Border Force. These registrations reflect our steadfast commitment to upholding the highest standards of quality, compliance, and security in all aspects of our operations.

Our registration with the Defence Export Control Office (DECO Client ID: 700803D) underscores our dedication to complying with Australia’s Defence and Strategic Goods List (DSGL) regulations, as well as broader international obligations relating to the export, supply, brokering, and publication of defence-related products, technologies, and services.

Additionally, our engagement with the Australian Border Force demonstrates our proactive approach to ensuring that all import and export activities are conducted in full compliance with Australian customs, border protection, and security laws.

At Nocturnal Optics Australia, we take our responsibilities seriously, ensuring that all our products and services are delivered in strict accordance with the regulatory frameworks set forth by the Australian Government and its agencies.

Some products listed on the Nocturnal Optics website are classified as ITAR or EAR99 restricted under the U.S. Export Administration Regulations.

Even when physically located in Australia, products that are manufactured in the United States or contain controlled U.S.-origin components remain subject to U.S. export control laws — specifically the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).

These laws apply extraterritorially, meaning they follow the item regardless of where it is in the world.

• ITAR-controlled items are designated as defence articles and cannot be exported, re-exported, transferred, or disclosed to foreign persons without prior authorization from the U.S. Department of State — even if the transfer occurs within Australia.
  
  
• EAR99 items are less restrictive but may still require U.S. authorization if exported from Australia to certain countries, individuals, or entities.
  

In practice, this means that any further transfer, sale, export, or disclosure — particularly to a foreign national or outside of Australia — may violate U.S. law if done without the appropriate approvals.

• These controls are enforced under agreements between the United States and Australia. Violations can result in significant penalties for both buyers and sellers.

If you are unsure of your obligations or whether additional permissions are required, please contact Nocturnal Optics or seek guidance from the Australian Defence Export Controls Office (DECO) and/or the U.S. Directorate of Defense Trade Controls (DDTC) before proceeding.

These items are restricted for export by the U.S. Department of State, Directorate of Defense Trade Controls, under the International Traffic in Arms Regulations (ITAR), 22 CFR 120–130.

They may not be resold, transferred, exported, or disclosed — outside of the United States or Australia, or to any foreign national within those countries — without prior written approval from the U.S. Department of State.

For more information, visit: www.pmddtc.state.gov

(For International Orders outside of Australia through the Nocturnal Optics Website.)

Certain items on our website may be restricted in your country and may be withheld at the border. It is important to be aware of any potential restrictions that may apply to your location.

We are unable to remain across every countries Defence Goods and Technologies import requirements, Nocturnal Optics will always strive to review foreign export requirements to the best of its ability in order to remain compliant, however, it is the customers main responsibility to ensure that what you order will be able to clear customs.

Customers are advised to conduct research on their country's import regulations to ensure a smooth customs clearance process.

Please check with your local customs office to verify if the items you are ordering comply with import regulations.

If you are an international customer returning products to Nocturnal Optics Australia for warranty inspection, repair, or replacement, please note:

• It is the responsibility of the customer to comply with the export control laws and regulations of their own country. This includes applying for and obtaining any necessary export permits, licenses, or documentation required to legally export the product from your country back to Australia.

• Nocturnal Optics Australia cannot assist with, or be held responsible for, the export application process or any delays caused by missing or incorrect paperwork.

• We strongly recommend that you contact the relevant government export authority in your country before shipping the product to ensure you meet all legal requirements.

If you have any questions about the process on our side, feel free to contact us at admin@nocturnalopticsau.com

On 1 September 2024, the Defence Trade Controls Amendment Act 2024 and the Defence Trade Legislation Amendment Regulations 2024 came into effect, introducing two major changes to Australia’s defence export control laws:

AUKUS Licence-Free Environment

A licence-free environment has been established between Australia, the United Kingdom, and the United States (AUKUS partners). This removes the requirement for permits on most military and dual-use goods and technology that are exported, re-exported, or transferred among the three countries.

As a result, Nocturnal Optics Australia — as a legally exempt, AUKUS Community Registered User — is now authorised to export Night Vision and Thermal Imaging products to the United Kingdom and United States without requiring an Australian Defence Export Permit.

This streamlines the export process significantly, while remaining fully compliant with Australian law.

New Controls under the Defence Trade Controls Act 2012

Three new controls were added to the Defence Trade Controls Act 2012, complementing the existing regulations:

• Section 10A — regulates the supply of Defence and Strategic Goods List (DSGL) technology to a non‑exempt foreign person within Australia.
  
• Section 10B — regulates the supply of goods and technology listed in Part 1 (Munitions) and Part 2 (Dual-Use Sensitive and Very Sensitive) of the DSGL that were previously exported or supplied from Australia.