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Defence Trade Controls Bill 2011

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2010-2011-2012

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

HOUSE OF REPRESENTATIVES

_____________________________

 

DEFENCE TRADE CONTROLS BILL 2011

________________­­­______________

 

SCHEDULE OF THE  AMENDMENT MADE BY THE SENATE TO WHICH THE HOUSE OF REPRESENTATIVES HAS DISAGREED

 

(9)     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.

 

 

 

HOUSE OF REPRESENTATIVES REASONS FOR DISAGREEING TO THE SENATE AMENDMENT

         

           

Senate Amendment Number (9)

 

This amendment passed by the Senate would undermine the purposes of the Defence Trade Controls Bill 2011 to (a) strengthen Australia’s export controls, and; (b) provide for the ratification of the Australia-US Defense Trade Cooperation Treaty.  By allowing a general exemption from the provisions in the Bill for research, any person claiming to be conducting fundamental research could use that as a defence against any offence in the Bill.  Further, exempting information that ‘has been, or is intended to be, published in any publication available to members of the public’, would have the effect of permitting any person to de-control sensitive Defence Strategic Goods List technology simply by the act of intending to publish it.  This would have the effect of failing to adequately strengthen Australia’s export controls to the thresholds required for ratification of the Australia-US Defense Trade Cooperation Treaty.

 

Accordingly the House of Representatives does not accept this amendment.

 

 

 

 

 

 

 

                                                                                              B C WRIGHT

                                                                      Clerk of the House of Representatives

 

 

House of Representatives

30 October 2012