Defence Trade Controls Amendment Bill 2023 [Provisions]

REPORT - March 2024

List of recommendations

Recommendation 1

2.63The Committee recommends that the definition of ‘fundamental research’, whatever that might be, be placed in the bill itself, rather than in subsequent regulatory instruments and that further consideration be given to including other exemptions in the primary legislation where appropriate.

Recommendation 2

2.64The Committee recommends that further consideration be given to the definition of ‘Australian persons’ in the legislation and its consistency with the United States’ own defence trade controls concerning exemptions for foreign citizens of states subject to sanction regardless of their residency status.

Recommendation 3

2.65The Committee recommends that the Department of Defence increase the communication with, and education provided to, those who may be subject to the new legislative environment so as to allay their concerns about its impact upon them.

Recommendation 4

2.66The Committee recommends that the Government provide further assurances of its commitment to a genuine co-design process with industry concerning the bill and subsequent regulatory instruments through the Department of Defence’s established working groups.

Recommendation 5

2.67The Committee agrees that the working groups established by the Department of Defence for consultation with industry would benefit from expansion to include additional representation from relevant Australian defence small and medium enterprises and recommends that such expansion occur.

Recommendation 6

2.68The Committee recommends a review of the implementation of the legislation to be conducted by a relevant committee of the Parliament within three years of its commencement.

Recommendation 7

2.69The Committee recommends that the ‘one stop shop for advice’ mentioned by the Department of Defence in their evidence be adequately resourced and appropriately publicised to those who may be concerned about the applicability of this bill to their organisation.

Recommendation 8

2.70Noting that the Department of Defence stated that they anticipate a net reduction in applications for permits as a result of the passage of this bill, the Committee nonetheless recommends that Defence Export Controls be adequately resourced to undertake its work as efficiently as possible.

Recommendation 9

2.71The Committee recommends that, following due consideration of the above recommendations by the Government, the bill be passed by the Senate without delay.

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