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Defence Trade Controls Bill 2011

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7297

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Defence Trade Controls Bill 2011

 

 

( 1 )     Clause  2 , page 2 (table item  2 ), omit the table item, substitute:

2.  Sections 3 to 9

A single day to be fixed by Proclamation.

A Proclamation must not specify a day earlier than 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.

However, if the provision(s) do not commence within the period of 2 years beginning on the day the Treaty enters into force, they commence on the day after the end of that period.

The Minister must announce by notice in the Gazette the day on which the Treaty enters into force.

 

3.  Section 10

The day after the end of the period of 2 years beginning on the day the Treaty enters into force.

 

4.  Sections 11 and 12

A single day to be fixed by Proclamation.

A Proclamation must not specify a day earlier than the day the Treaty enters into force.

However, if the provision(s) do not commence within the period of 2 years beginning on the day the Treaty enters into force, they commence on the day after the end of that period.

 

5.  Sections 13 to 15

The day after the end of the period of 2 years beginning on the day the Treaty enters into force.

 

6.  Sections 16 and 17

At the same time as the provision(s) covered by table item 4.

 

7.  Section 18

The day after the end of the period of 2 years beginning on the day the Treaty enters into force.

 

8.  Sections 19 to 25

A single day to be fixed by Proclamation.

A Proclamation must not specify a day earlier than the day the Treaty enters into force.

However, if the provision(s) do not commence within the period of 2 years beginning on the day the Treaty enters into force, they commence on the day after the end of that period.

 

9.  Sections 26 to 57

A single day to be fixed by Proclamation.

A Proclamation must not specify a day earlier than the day the Treaty enters into force.

However, if the provision(s) do not commence within the period of 2 years beginning on the day the Treaty enters into force, they commence on the day after the end of that period.

 

10.  Subsections 58(1) and (2)

The day after the end of the period of 2 years beginning on the day the Treaty enters into force.

 

11.  Subsections 58(3) to (8) and sections 59 to 74

At the same time as the provision(s) covered by table item 9.

 

12.  Sections 74A and 75

The day this Act receives the Royal Assent.

 

[commencement]



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

9A  General defence

             (1)  A person does not commit an offence against this Act if:

                     (a)  a physical element of the offence exists because information was , or is to be, disclosed (whether by way of supply of the information or otherwise); and

                     (b)  without the existence of that physical element the person would not commit the offence; and

                     (c)  any of the following apply:

                              (i)  the information has already been lawfully made available to the public, or to a section of the public;

                             (ii)  the information has been accepted for publication and/or submitted to a reviewer for the purpose of publication or presentation at a conference;

                            (iii)  the information was created as a result of the conduct of open research;

                            (iv)  the information was, or is to be, disclosed in connection with the conduct of open research;

                             (v)  the information was, or is to be, disclosed during, or for the purposes of, the conduct of a course of study at a higher education institution;

                            (vi)  the information was, or is to be, disclosed in connection with an application for a patent.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

             (2)  For the purposes of subparagraphs (1)(c)(iii) and (iv), research is open research if:

                     (a)  the results of the research would ordinarily be published and/or shared broadly within the scholarly community; and

                     (b)  the conduct of the research is not subject to:

                              (i)  a condition that the results not be disclosed; or

                             (ii)  a condition that the results only be disclosed with approval.

 

[exemption for certain information]

 (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 .

[Strengthened Export Controls Steering Group]