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

Before the question on the motion is put, I wish to put the coalition's position with respect to amendment 9A, which the Senate successfully moved as an amendment to the legislation. From the outset, I wish to point out that the coalition will not be insisting upon amendment 9A. This is for a very good reason. I know some senators will be quite annoyed and upset about it, but may I say that, from the outset, the understanding by the government of the length and breadth and the practical application of this legislation has been under considerable question. Indeed, may I say, the government has imparted no confidence whatsoever to the Senate committee on several hearings and meetings or, indeed, to this chamber that it actually understands what it is doing.

It was put to the government that the wording of the Export Administration Regulations are identical to the wording contained in this amendment on which we are not insisting. The reason the amendment was put was for the government to explain in detail how it is that such an amendment would undermine and, to use a colloquialism, render fatal, the intent of this legislation. May I say in response, and this is not a reflection on or criticism of the minister in the chamber, that the government's response to that was extremely tepid and utterly unconvincing and we are left and were left at that time with no other conclusion than that this legislation is going to provide a more strict regime on fundamental applied and basic research than currently exists in the United States, for example.

However, having said that, and having said that the government's understanding and confidence in bringing this legislation forward are under question, the coalition errs on the side of caution because the subject matter of this legislation is so important. It should not be got wrong. Accordingly the Senate has inserted a two-year transitional period requiring certain things wherein the Senate Foreign Affairs, Defence and Trade Committee can on a six-monthly basis oversight the progress of the two-year transitional period. I would underline the fact that the minister has confirmed that, notwithstanding the wording of a number of sections relating to criminal sanctions of 10 years imprisonment that appear to be strict liability offences, he interprets them as requiring intent. That is how bad this legislation is, that he has had to get up in the chamber and say things that are on the fly, are on the Hansard, to correct the clear disposition of the bill.