Kim Carr (Victoria, Australian Labor Party, Shadow Minister Assisting the Leader for Science) Share this | Hansard source

Labor supports the Defence Trade Controls Amendment Bill 2015, which amends legislation enacted when we were in office. That legislation sought to meet Australia's international obligations as a member of the Wassenaar Arrangement, the Missile Technology Control Regime, the Australia Group and the Nuclear Suppliers Group. The act also gave legislative effect to the treaty between Australia and the United States on defence trade cooperation. The act restricted the non-physical export of military technology and technology that has potential military application. That can happen through the publishing of information, whether it be in print or electronically, and through so-called 'brokering'—that is, an Australian entity acting outside of Australian jurisdiction.

This export control system is an antiproliferation measure. It is intended to stop goods and technology that can be used in chemical, biological or nuclear weapons—or in other military applications—from being supplied to individuals, states or groups that may be of security concern. The act regulates the supply of information through a system of permits and ministerial permissions. The legislation applies to industry generally, not only to firms or institutions directly involved in defence work. It applies to universities and the research sector as well.

For some of the affected institutions, particularly universities, the act imposes a regulatory regime that has raised questions about whether the level of oversight is compatible with the freedom to conduct research. It is fair to say that the original act raised serious concerns for several universities in relation to the publication, and especially to the verbal supply, of information about civilian technologies that may have military application. These civilian technologies range from engineering products to biological information about diseases. A strengthened export control steering group, ably led by the Chief Scientist, was established to work through the universities' concerns about the legislation. The present bill, which is the result of wide consultation with stakeholders, is a response to the concerns that have been raised. The existing act provides for a transition period before its offence provisions take effect. That period ceases on 16 May this year, but this bill seeks to delay the application of the offence provisions for 12 months—so this is a very urgent piece of legislation. It does require immediate attention. For the universities, the delay by 12 months of the application of the offence provisions is extremely important. It gives those involved in the publication and the verbal supply of control technologies time to adjust to the regulatory regime. Organisations at the project level will be able to obtain broad permits to continue their work, valid for five years.

The existing act sets out a Defence and Strategic Goods List for items subject to export control. This bill, the Defence Trade Controls Amendment Bill, contains exemptions to the offence created by the act of supplying information. It exempts the oral supply of information about items on the Defence and Strategic Goods List where the supply of information does not provide access to Defence and Strategic Goods List technology and is not for use in a Weapons of Mass Destruction program or for any other military use. The bill also allows for applicants to obtain supply and brokering permits on behalf of projects, and for permits to be issued to project participants. It narrows the act's publication offence to publications of military DGSL technologies where no application approval has been given, or where the publication contravenes a condition of the approval. So the bill allows the minister to prohibit the publication of information about military technologies, or civilian technologies of potential military application, where that publication could prejudice the defence security or the international relations of Australia. It allows the Secretary of the defence department to issue interim publication notices where the Secretary considers the minister may have grounds to introduce a prohibition notice.

Further, the bill more precisely defines 'brokering', and stipulates that the broker must receive money or a non-cash benefit. The bill provides an exemption from the brokering offence if the broker is 'from or acting within' one of the four export controls regimes mentioned earlier—that is, the Wassenaar Arrangement, the Missile Technology Control Regime, the Australian Group, and the Nuclear Suppliers Group. Employees of ASIO and ASIS will also be exempt from the brokering offence. The bill also allows the minister to direct a person to seek a permit for the brokering of civilian technology with potential military application, so that such products can be regularised. In these circumstances, the minister, the Secretary of the department, or a delegate of the minister will be required to consider criteria prescribed in regulations, and to have regard to other appropriate matters, before deciding that an activity would prejudice Australia's security or international relations. The export control regime introduced by the act and amended by this bill is of vital importance to Australia.

The bill also provides for the continued review of the operations of the act; initially after two years and subsequently at intervals of not more than five years. I think that is a particularly important provision. The minister will be required to table copies of the review report in both houses of parliament. We must continue to support international regimes that counter the proliferation of weapons of mass destruction. We must continue to work collaboratively with other nations to ensure that those sorts of technologies are not misused, and that they do not create a heightened threat to the international community. The passage of this bill and the maintenance of the export control regime will enhance our reputation as a nation.