Tony Smith (Speaker) Share this | Link to this | Hansard source

The question is that the bill be agreed to.

Scott Buchholz (Wright, Liberal Party, Assistant Minister for Road Safety and Freight Transport) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments on sheets QT131 and QH130 as circulated together.

Leave granted.

I move government amendments on sheets QT131 and QH130 as circulated together:

(1) Clause 4, page 6 (after line 12), after the definition of gives effect to, insert:

governing documents of a university: see subsection 8(4).

(2) Clause 8, page 10, omit subsection (2), substitute:

(2) For the purposes of subparagraph (1) (i) (ii), a university does not have institutional autonomy if, and only if, a foreign government (whether or not the government of the country, or part of the country, in which the university is located) is in a position to exercise substantial control over the university.

(3) For the purposes of subsection (2), a foreign government is in a position to exercise substantial control over a university if, and only if, one or more of the following paragraphs are satisfied:

(a) a majority of the members of the university's governing body are required, by a law or the university's governing documents, to be members or part of (however described) the political party that forms the foreign government;

(b) education provided or research conducted at the university is required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines of:

  (i) the foreign government; or

  (ii) the political party that forms the foreign government;

(c) the university's academic staff are required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines referred to in paragraph (b) in their teaching, research, discussions, publications or public commentary.

(4) The governing documents of a university are the constitution, rules or other official documents by which the university is constituted or according to which the university operates.

(1) Page 69 (after line 22), after clause 63, insert:

63A Review of operation of Act

(1) The Minister must cause a review of the operation of this Act to be commenced as soon as possible after the third anniversary of the commencement of Parts 2 and 3.

Note: The reference to this Act includes the rules (see the definition of this Act in section 4).

(2) The review must include:

(a) whether it is necessary or desirable to do anything to improve the operation of this Act; and

(b) the effectiveness of this Act in meeting the object of this Act; and

(c) whether this Act should be amended to implement review recommendations; and

(d) whether a further review of this Act should be undertaken, and if so, when.

(3) The persons undertaking the review must give the Minister a written report of the review.

(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

The Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 allows the Minister for Foreign Affairs to assess whether arrangements between state or territory entities and foreign entities are consistent with Australian foreign policy and do not adversely affect Australian foreign relations. The bill as introduced delegates the rules for definition of foreign universities that lack institutional autonomy to be made clear by the Minister for Foreign Affairs. As recommended by the Senate Foreign Affairs, Defence and Trade Legislation Committee, the amendments remove the rule-making power and insert within the bill the circumstances in which foreign universities will be taken not to have full institutional autonomy. The amendments on QT131 provide that a university located in a foreign country is taken not to have institutional autonomy if a foreign government is in a position to exercise substantial control over that university. Substantial control will exist where a majority of the university governing bodies are required by law or governing documents to be a member of the political party that forms foreign government; the university's activities are required to adhere to the political doctrines of a foreign country, or the academic staff are required to be adherents of the political doctrines of a foreign country.

Consistent with the purpose of the bill to protect and manage Australia's foreign relations, the amendments are intended to capture those arrangements between state and territory entities and foreign universities that are more likely to impact Australian foreign relations or foreign policies by virtue of the universities being substantially controlled by a foreign government. The consequence of a university not having institutional autonomy is that a state or territory entity must notify the minister of any arrangement with the university. The minister may make a declaration prohibiting a state or territory entity from negotiating or entering that arrangement if it is inconsistent with Australian foreign policy or adversely affects Australian foreign relations.

The amendment on sheet QH130 will also require a review of the operation of the legislation to be conducted after the act has been in operation for three years. This review will ensure that the scheme established by the bill continues to be effective and responsive to Australia's foreign policy interests and will provide an opportunity to consider whether amendments are required, including those recommended by the committee.

Richard Marles (Corio, Australian Labor Party, Shadow Minister for Defence) Share this | Link to this | Hansard source

I rise to indicate that the opposition will be supporting the government amendment that has been circulated on sheet QH130 and the government amendment that has been circulated on sheet QT131. We've made clear from the outset that the opposition supports the objectives of the Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and that it is very preferable that Australia speaks with one voice in respect of foreign and strategic policy, that we speak with one voice internationally. We've also made clear, though, that we believe this bill has been hastily brought to the parliament, is sloppy as a result and is fundamentally here because back in August the Prime Minister put his political interest above the national interest in terms of getting the detail of this bill right. It was announced in haste before it was ready and before many of the entities that relate to this bill were consulted.

As a consequence and as was highlighted by the Senate committee inquiry in our second reading amendment, the bill is flawed. We still believe that the time is now for the Morrison government to give much further consideration to this bill before it passes this parliament, and we invite the government to work with us in a bipartisan way to advance our shared national interest. If the government refuses to do this, though, the opposition will seek to amend this bill, focusing on the flaws which have been identified through the Senate committee process. The amendment before the House, though, recognises the necessity of this legislation being reviewed three years after it commences. Whilst the opposition would prefer that a review occur sooner, we welcome the Morrison government's recognition that such a review is an essential element of the legislation. Accordingly, we will support the government amendment that has been circulated on sheet QH130.

In respect of the amendments circulated on sheet QT131, this provides clarity around the definition of institutional autonomy as it relates to a university. In the bill, as it was written a first time, the definition of institutional autonomy was left to the minister to determine under the rules. This was not an acceptable situation for such a significant concept. Indeed, the Law Council of Australia said, 'Given the critical nature of this definition, the Law Council's position is that the primary legislation should clearly provide such criteria.' Professor George Williams concurred with this assessment, stating that it is 'somewhat inexplicable that this term of significance has not been defined in the legislation'.

I note that the reliance in the bill on rules that have not yet been seen by anyone was the subject of further adverse reflection by the Senate committee inquiry into this bill. Even the majority report of the Senate committee, including government senators, recommended that the Department of Foreign Affairs and Trade consult with stakeholders on the proposed rules and that the rules be released publicly before the consideration of the bills by the parliament. So, whilst the opposition has further concerns about the operation of the bill in respect of the universities, we do accept that this specific amendment does improve the bill as it stands. Therefore, the opposition will support the government amendment that has been circulated on sheet QT131. These are small measures that do improve the bill, but, fundamentally, this bill needs a lot more improvement. It's not ready to be brought before this parliament, and we will seek to amend this bill further in the other place, if the government doesn't take up the invitation that we're giving to actually take some time to work through this bill in detail and advance a common position in the national interest.

Question agreed to.

Bill, as amended, agreed to.