Academy of Science backs research carve out in security law

The Australian Academy of Science has backed a carve out for fundamental research in new rules to keep sensitive technology away from most foreigners.

Fundamental research will be excluded from tough new rules which bar most foreigners from accessing Australia’s sensitive technology.

Australia’s top science body has backed a federal government decision to carve out an exemption for fundamental research in tough new rules that keep sensitive technology away from most foreigners.

The Australian Academy of Science said the changes to the Defence Trade Control Amendment Bill, which was passed by federal parliament last week, improve the balance between protecting national security and enabling the benefits that open scientific collaboration bring to Australia and the world.

Late last year academy president Chennupati Jagadish warned that the bill, in its earlier form, was likely to inhibit free scientific discussion and endanger Australia’s collaborative research with other countries.

Chennupati Jagadish

The bill makes it illegal to share research in sensitive areas with foreigners in Australia, except for those on a limited list which includes the US and the UK

But Professor Jagadish said the addition of an exemption for fundamental research, as well as a one year grandfathering arrangement for research that was in progress and a review of the legislation after three years to catch unintended consequences, made a difference.

“Enshrining the fundamental research exemption in legislation provides scientists with more confidence that the definition can’t be changed on a whim and that they won’t be at risk of breaking the law by undertaking discovery research, simply speaking at a conference, teaching a PhD student, or collaborating with a colleague,” he said.

Professor Jagadish, who leads research in semiconductor nanotechnology and optoelectronics at the Australian National University and has about 30 collaborative research arrangements around the world, said that with the exemption for fundamental research in place “members of my team who are ‘foreign persons’ will be able to continue their work”.

However, once the new legislation is active, he said, a student from India or China who wished to collaborate on research with an Australian would require a permit if the research area was on the Defence and Strategic Goods List and was not considered to be fundamental research.

Professor Jagadish said the definitions of fundamental research had been created in collaboration with the research and industry sectors “and provide clarity on what types of research are exempt from Australia’s export control regime”.

He stressed the importance of Australia’s international collaboration in research. “The research system relies on our ability to attract and retain STEM professionals from across the globe,” he said.

Professor Jagadish said scientists would need to become familiar with the new rules.

“Now, as the rubber hits the road, Australia’s researchers must be adequately supported to understand their obligations to enable compliance and to access sufficient resources to establish secure research environments when required,” he said.

He said the academy, which represents Australia’s top research scientists, looked forward to more discussions with the government and the Defence Department about the legislation and revisions to the Defence Strategic Goods List. It was important to reduce the compliance burden and to monitor any unintended consequences, he said

Last year Professor Jagadish also warned that the new legislation could force universities to build costly new secure research facilities.

He said on Tuesday that it was “too early to say what additional security measures will need to be put in place by universities to comply with the legislation”.