Senate debates

Wednesday, 31 October 2012

Bills

Defence Trade Controls Bill 2011; Consideration of House of Representatives Message

6:09 pm

Photo of David FeeneyDavid Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

I begin by thanking Senator Johnston and the opposition for taking the view that they have taken that they will not insist on the amendment that passed this place on Monday. I make a few comments responding to some of the remarks of Senator Johnston.

This bill is not about restricting academic freedoms. Australians researchers will be able to continue to conduct sensitive research. They will only need a permit to transfer sensitive technology overseas where it could be misused. This requirement already applies to US researchers. A list of technology subject to export control, the defence and strategic goods list, is derived from the international arms control and non-proliferation regimes. The list controls goods and technologies that can contribute to military and weapons of mass destruction programs. In the wrong hands those goods could and would pose a significant risk to Australians and indeed to Australian national security. There will be no need for a permit for research conducted in Australia, including where overseas students are involved. By contrast, in the United States a permit is required for foreign nationals to use controlled technology in research. US exemptions for fundamental research apply only to controls on the output of research. Outputs will not be controlled in Australia, so it is not possible to apply this exemption.

In summary, as Senator Johnston quite accurately said, ultimately the government did regard the amendment that passed this place on Monday to be fatal to the legislation. That is why that amendment has failed to pass the House of Representatives. I am grateful that the opposition have taken the view they have taken and I urge that the committee does not insist on the amendment to which the House of Representatives has disagreed.

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