David Johnston (WA, Liberal Party, Shadow Minister for Defence) Share this | Hansard source

I move opposition amendment (1) on sheet 7296:

(1) Page 9 (after line 20), at the end of Part 1, add:

9A Exclusion for research, education and information in the public domain

This Act does not apply to the following:

(a) information in the public domain;

(b) information that has been, or is intended to be, published in any publication available to members of the public;

(c) fundamental research, which is basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly in the scientific community (such research is to be distinguished from proprietary research and from industrial development, design, production and product utilisation, the results of which ordinarily are restricted for proprietary reasons or subject to other access and dissemination controls);

(d) educational information or instruction provided in courses by a higher education provider;

(e) information that is the minimum necessary information for patent applications.

In so moving the amendment I want to speak to it and say that all of this legislation does turn on some of these points.

What is the opposition seeking to do here? There are not many who have an interest in this subject matter, but those that do know that one of the abiding tenets that we wish to protect is that our competitive position in so far as research is concerned is not undermined in comparison to other countries of a similar capacity in Europe or North America. So we should not impose a burden, particularly on Australian universities, which are the essential and majority players in the research space in Australia, that other countries and other institutions within those countries are not subject to. In looking at this amendment we were conscious of the export administration regulations, particularly in the United States, and other provisions that relate from the International Traffic in Arms Regulations and other matters that bear upon the controls of research in United States institutions.

The waters are muddy, but there is an irresistible conclusion that the US, whilst there are controls, do not and will not have as strict a regime as the regime these measures, which we are legislating here and now, will impose upon their research institutions. That is a matter for the government. I want to hear and I want to see the government say that that is not so, but, inevitably, this amendment talks about exclusions for research, education and information in the public domain and says that the act does not apply to:

(a) information in the public domain;

(b) information that has been, or is intended to be, published in any publication available to members of the public;

(c) fundamental research, which is basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly in the scientific community (such research is to be distinguished from proprietary research and from industrial development, design, production and product utilisation, the results of which ordinarily are restricted for proprietary reasons or subject to other access and dissemination controls);

(d) educational information or instruction provided in courses by a higher education provider;

(e) information that is the minimum necessary information for patent applications.

We think these provisions are a little bit of motherhood but are such that the intent of the act is protected, yet we retain the flexibility within research institutions such that the research that they do that does not impact upon the export or the control of defence related exports is preserved. This is probably the most contentious part of the legislation. The committee had a lot to say about this, and I think it is important that we put this on the record so that everybody knows what we are talking about in terms of this amendment and what we are talking about in terms of long-term oversight of research in Australia from the perspective of Wassenaar and other conventions and treaties controlling the export of DSGL technology, services, munitions lists, goods et cetera. I commend this amendment to the Senate.