ATSE and the AAS strongly urge that the Defence Trade Controls Amendment Bill 2023 not be progressed until there has been genuine debate and discussion of its profound implications, and:
- without clarifying the fundamental research exemption;
- without resolving how the Bill’s unintended consequences will be mitigated and monitored.
The Academies make the following recommendations to the inquiry:
Recommendation 1: Clearly articulate a fundamental research exemption in the Bill, with clear definitions created in collaboration with the research and industry sectors.
Recommendation 2: Implement measures to mitigate unintended consequences on research and development, such as researchers avoiding certain collaborations or scientific communications due to bureaucratic burden or uncertainty (self-censorship).
Recommendation 3: Grandfather arrangements for research in progress.
Recommendation 4: The first review, 2 years after changes to the Act, should focus on unintended consequences on the research sector.
Recommendation 5: Implement measures to improve awareness, understanding, implementation, and compliance with the new legislative environment. This includes educational resources, training and easy-to-use decision guides.
Recommendation 6: Provide adequate resourcing to cover the costs of establishing secure research environments in Australian universities and other research organisations.
Recommendation 7: Clarify the treatment of international students working on Defence and Strategic Goods List (DSGL) technologies.
Recommendation 8: Implement measures to avoid adverse impacts on Australia’s international research workforce. 2
Recommendation 9: Expand Australia’s involvement in low-risk international scientific collaboration programs, such as through association with Horizon Europe.
