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Defence Trade Controls Bill 2011

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7296

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Defence Trade Controls Bill 2011

 

 

(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.

[exclusion for research etc.]

( 2 )     Clause 11 , page 14 (after line 21) , after subclause ( 3 ), insert:

          (3A)  If a person makes an application under subsection (1), the Minister must decide whether or not to give the person a permit:

                     (a)  if the Minister considers the application to be non-complex—within 15 days after the application is made; or

                     (b)  otherwise—within 35 days after the application is made.

          (3B)  If the Minister fails to make a decision within the period required under subsection (3A), the Minister is taken to have decided to give the person a permit to do each activity covered by the application.

[period for deciding permit applications]

(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 writi ng, the members of a Strengthened Export Controls Steering Group.

             (2)  The members of the Group must include:

                     (a)  Australia’s Chief Scientist, as the Chair of the Group; and

                     (b)  no more than 4 representatives from the industry sector, one of whom is the co-Deputy Chair; and

                     (c)  2 representatives from the university and research sectors nominated by Universities Australia, one of whom is the co-Deputy Chair; and

                     (d)  the Chief Executive Officer of the National Health and Medical Research Council, or their nominee; and

                     (e)  the Chief Executive Officer of the Australian Research Council, or their nominee; and

                      (f)  a representative from the Department administered by the Minister; and

                     (g)  a representative from the Department administered by the Research Minister.

             (3)  The function of the Group is to, during its operation period, provide advice to the Minister and the Research Minister in relation to the following matters:

                     (a)  the adequacy of organisational and government arrangements to identify, assess and manage risks, costs and administrative burden associated with intangible transfers of DSGL technologies;

                     (b)  the oversight, design and delivery of a pilot program to identify the adequacy of the legislation, implementation arrangements and resources for regulating intangible transfers;

                     (c)  possible amendments of legislation and implementing arrangements in light of the pilot program.

             (4)  In performing its function, the Group must:

                     (a)  meet at least once each quarter; and

                     (b)  consider quarterly progress reports from participants in the pilot program on implementation of the strengthened export controls; and

                     (c)  through its Chair, report to the Minister and the Research Minister, in writing, every 6 months, including providing any dissenting views of members of the Group; and

                     (d)  if required by the Minister or the Research Minister, provide additional reporting; and

                     (e)  provide a final report to the Minister and the Research Minister, in writing, no later than 2 years after commencement of its operations; and

                      (f)  carefully consider any recommendations made to the Group by the Senate Defence, Foreign Affairs and Trade Committee.

             (5)  The Group must advise the Department of D efence in relation to obtaining appropriate technical and scientific expertise regarding Australian Government consideration of the control lists of international regimes and the Australian DSGL.

             (6)  The Group may establish sub-groups, as required, to support its function. Sub-groups will report back to the Group.

             (7)  The Group may determine the procedure to be followed in performing its functions . However, the procedure must provide that a quorum of the Group is constituted by the Chair, 2 public sector representatives, one industry representative and one university/research representative.

             (8)  The Defence Export Control Office or other agency designated by the Minister and the Research Minister must provide a secretariat for the Group.

             (9)  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 one week before each meeting; and

                     (d)  prepare and provide to the Chair, within one week of the meeting, the minutes, outcomes and actions arising; and

                     (e)  circulate the meeting outcomes to all members following clearance by the Chair; and

                      (f)  maintain the Group’s records.

           (10)  The office of a member of the Group is not a public office within the meaning of the Remuneration Tribunal Act 1973 .

           (11)  The Minister and the Research Minister must jointly cause a copy of the Group’s reports (including the 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 report.

           (12)  An instrument under this section is not a legislative instrument .

           (13)  In this section:

operation period , of the Group, means:

                     (a)  if paragraphs (b) and (c) do not apply—the period ending 2 years after 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; or

                     (b)  if an extension of the period mentioned in paragraph (a) is agreed by the Minister and the Research Minister and paragraph (c) does not apply—the period mentioned in paragraph (a) as extended; or

                     (c)  if the Minister and the Research Minister direct, in writing, that the Group is abolished immediately after its final report is given to both the Minister and the Research Minister—the period ending immediately after its final report is so given.

Research Minister means the Minister administering the Science and Industry Research Act 1949 .

[ Strengthened Export Controls Steering Group ]