Scott Ludlam (WA, Australian Greens) Share this | Hansard source

All right. I did not realise we were going to get there quite so quickly. I move:

(3) Page 86 (after line 20), after clause 74, insert:

74A Strengthened Export Controls Steering Group

(1) As soon as practicable after this section commences, the Minister must appoint, in writing, the members of a Strengthened Export Controls Steering Group.

(2) The Group's functions are to advise the Minister and Research Minister on:

(a) the adequacy of the organisational and governmental arrangements, and the identification, assessment and management of risks, costs and administrative burden, associated with intangible transfers of DSGL technologies; and

(b) the oversight, design and delivery of a pilot program to identify the adequacy of this Act, the regulations, the implementation arrangements and the resources for regulating intangible transfers of DSGL technologies; and

(c) recommendations for amendments to this Act, the regulations and the implementation arrangements in view of the pilot program; and

(d) whether this Act, the regulations and the implementation arrangements are not more restrictive than United States export control regulations in relation to university activities.

The Group also has any other functions determined, in writing, by the Minister.

(3) The Group must:

(a) consider quarterly progress reports from participants in the pilot program on implementation of the strengthened export controls; and

(b) through its Chair, report to the Minister and the Research Minister every 6 months; and

(c) if required by the Minister and the Research Minister, provide additional reports.

(4) The Group must advise the Department in relation to obtaining appropriate technical and scientific expertise regarding Australian Government consideration of the control lists of international regimes and of the Defence and Strategic Goods List.

(5) The Group may establish subgroups to support its functions. Subgroups must report to the Group.

(6) The Group's membership must include:

(a) Australia's Chief Scientist, as the Chair of the Group; and

(b) no more than 4 representatives of the industry sector, one of whom is a co-Deputy Chair; and

(c) 2 representatives of the university sector nominated by Universities Australia, one of whom is the other co-Deputy Chair; and

(d) the Chief Executive Officer of the National Health and Medical Research Council, or its nominee; and

(e) the Chief Executive Officer of the Australian Research Council, or its nominee; and

(f) a representative of the Department; and

(g) a representative of the Department administered by the Research Minister.

(7) The Group must meet at least once each quarter.

(8) A quorum of the Group is constituted by the Chair, one representative referred to in paragraph (6) (b), one representative referred to in paragraph (6) (c) and the representatives referred to in paragraphs (6) (f) and (g).

(9) The Group must report every 6 months, in writing, to the Minister and the Research Minister, including any dissenting views of a member of the Group.

(10) The Group must give its final report to the Minister, and the Research Minister, before the second anniversary of the day the Treaty between the Government of Australia and the Government of the United States of America concerning Defense Trade Cooperation done at Sydney on 5 September 2007 enters into force.

(11) The Defence Export Control Office must provide a secretariat for the Group.

(12) The secretariat must:

(a) prepare and circulate agendas in conjunction with the Chair; and

(b) work with the authors of agenda papers to ensure quality and timeliness; and

(c) ensure that the agenda approved by the Chair and papers are received by members at least 1 week before each meeting; and

(d) prepare and provide to the Chair, within 1 week of the meeting, the minutes of the meeting; and

(e) circulate the meeting outcomes to all members following clearance by the Chair, and maintain Group records.

(13) The office of a member of the Group is not a public office within the meaning of the Remuneration Tribunal Act 1973.

(14) The Group may determine the procedure to be followed in performing its functions.

(15) The Minister must cause a copy of the Group's final report to the Minister to be tabled in each House of the Parliament within 15 sitting days of that House after the day the Minister receives the final report.

(16) The Group is abolished immediately after its final report is given to both the Minister and the Research Minister unless, before then, the Minister and the Research Minister determine, in writing, that the Group is to remain in existence until the end of a specified period.

(17) An instrument under this section is not a legislative instrument.

(18) In this section:

Research Minister means the Minister administering the Science and Industry Research Act 1949.

I might test quickly with Senator Johnston whether that means he has withdrawn opposition amendment No.3? I get an indication that he has. I will keep it fairly brief then as the hour is getting fairly late.

This amendment effectively strengthens the Export Controls Steering Group, which we have spoken of a little bit during the debate. Again, it is an amendment that I am very pleased that we were able to get in negotiation with the government. I thank the Minister's staff and the drafters who have been scrambling around after this rather awkward process, trying to pull the amendments together. It is an amendment that is not satisfying enough to make me want to vote for the bill, so I will make that very clear, but as with the earlier Greens amendment that we passed, again in negotiation with the government, I am pleased that at least, I believe, we will come to greatly appreciate the fact that the Export Controls Steering Group will have move teeth than it otherwise would have had. We will be able to learn more about the actual operation of the bill. I commend this amendment to the chamber.