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Defence Controls

The Defence Trade Controls Act (Cwth) 2012 (the Act) is legislation established to control the export (supply, brokering and publication) of defence and strategic goods and technologies as listed on the Defence and Strategic Goods List (DSGL). This FAQ has been developed to assist university staff who have questions about the legislation and whether it applies to them. If you have further questions get in touch with the NTEU National Policy and Research Unit (03) 9254 1910 or [email protected]

Last updated: 21 April 2016

About the legislation

1. Why is Defence Trade Controls relevant to me?

The Defence Trade Controls Act 2012 (Cwth) and the Defence Trade Controls Amendment Act 2015 (Cwth) creates criminal offences for the supply, brokering and publication of goods and technologies listed on the Defence and Strategic Goods List (DSGL). If a technology or good is listed on the DSGL it is controlled for export or supply by the Customs (Prohibited Exports) Regulations 1958 or the Defence Trade Controls Act 2012. This means that before you may export a controlled good or supply controlled technology overseas, you must first obtain a permit from the Department of Defence.

The Act extends well beyond other legislation (such as the Customs Act 1901 (Cwth)) that has operated to control the export of military goods and technologies listed on the DSGL and now sets controls upon academic research not traditionally associated with Defence.

The scope of controls extends to controlled goods and technologies that are the result of academic research. Controlled technologies includes ‘dual-use’ technologies which is technology designed for commercial use but that may have a military application. The criminal offences apply to everyday activities undertaken by researchers in offices, labs, departments and research centres around Australia. These may involve ‘intangible’ types of supply (which include scans and faxes, emails, email attachments, data-sharing through cloud-based applications) and ‘publication’ involving military research (such as journal articles, refereed conference papers, blog posts). These may also involve ‘tangible’ types of supply (such as taking research papers, lap tops, USBs that contain controlled technology overseas).

The criminal offences have been specifically designed to extend to academics, researchers and staff involved in research at Australian universities. This means that NTEU members undertaking research in the scientific disciplines and fields listed under the DSGL, need to be vigilant about their obligations and responsibilities. Where you believe your research involves controlled technology and you intend to supply that technology to anpther person overseas, you should approach your university and the NTEU for advice. If your research involves technology listed in the DSGL and you need to share it with people overseas, academics and researchers will need to obtain a permit from the Defence Export Controls (DEC) to ensure you are not exposed to criminal liability after beginning or continuing research.

2. What does the Act criminalise?

The Defence Trade Controls legislation creates a range of criminal offences for individuals who undertake particular ‘export’ activities without a permit from DECO:

  • There is an offence for a supply, where a person ‘supplies DSGL technology to another person’ and ‘the supply is from a place in Australia to a place outside Australia’ or if the supplier is in Australia and the other person is outside Australia ‘at the time of the provision of access’ (section 10).
  • There is an offence for a publication, where a person ‘publishes DSGL technology to the public, or to a section of the public, by electronic or other means’ or ‘the person otherwise disseminates DSGL technology to the public, or to a section of the public, by electronic or other means’ (section 14A).
  • The Act also empowers the Defence Minister (or an appropriate delegate) with a ‘tap-on-the-shoulder’ prohibition power to make inquiries in relation to research contained on the DSGL, and authorises the Minister to make prohibitions against the supply of research for up to a year. There is an offence when a person breaches a prohibition direction given by the Defence Minister against publication (section 14B).
  • There is a brokering offence, where a first person arranges for another person to supply DSGL technology and ‘the supply is from a place in Australia to a place outside Australia’ or if the supplier is in Australia and the other person is outside Australia ‘at the time of the provision of access’ (section 15).

The penalty for a supply of a controlled technologies without a permit, or for a breach of a prohibition direction, is up to 10 years imprisonment, 2,500 penalty units, or both. Modifications to the original legislation have created a small range of exemptions relevant to university staff. In relation to these exemptions, the meaning of the phrases ‘oral supply’ and ‘preparatory to publication’ are not clearly defined in the Act.

3. Who does the Act apply to?

The Act applies to any person in Australia, irrespective of naturalisation or citizenship. The Act extends to permanent or temporary residents; anyone who supplies, brokers or publishes 'controlled goods or technologies' from Australia to overseas, in particular, goods and technologies created in the course of research. The legislation means that academics, researchers, research staff, and others involved in the exchange and communication of research with people overseas or the publication of research should check to see if controlled technology arising their research requires a permit from DEC.

The Act has specific implications for universities and their university academics and researchers. For instance, the Explanatory Memorandum lists ‘universities and other research organisations’ as one of three stakeholder groups affected by the legislation, as well as highlighting that ‘intangible supply’ and prohibitions on ‘publication’ affect university and research sectors.

Non-researchers involved in research activities (such as research administrators, IT staff, librarians, media and communications staff and others) also need to be vigilant about their potential role in either the intentional or accidental supply or publication of research involving DSGL technologies.

4. How did the Act come into being?

The Act ratifies and brings into effect obligations negotiated through the 2007 Australia – United States Defence Trade Cooperation Treaty. The primary purpose of the Treaty was to facilitate the export of certain defence articles and services between the United States and Australia, without the need for export licenses or other International Traffic in Arms Regulations (ITAR) approvals.

On 29 September 2010, the United States Congress imposed conditions for ratification of the 2007 Treaty that included the introduction of Australian legislation over the intangible transfer and the brokering of controlled goods, technology and services. It was at this stage that the potential impact on the Australian university sector emerged. The legislation was then introduced to the Australian Parliament in November 2011 and the DTCA became law on the 13 November 2012.

The treaty itself does not refer to the implications upon academics, and the initial consultations with the higher education sector were so inadequate that the Senate Foreign Affairs Defence and Trade Committee (FADT Committee) described the Bill as ‘a complex and flawed piece of legislation that should not be rushed through the Parliament’ on 10 October 2012.  The Bill was rushed through Parliament, as comments by independents and the cross-benches reflected, and one of the only sensible amendments to be passed was in relation to a Strengthened Export Controls Steering Group led by the Chief Scientist to analyse and improve the legislation.

The result of public consultations and deliberations by the Strengthened Exports Controls Steering Group and the Defence Department over the course of 24-months was the Defence Trade Controls Amendment Act 2015 (Cwth) which received Royal Assent on 2 April 2015. Improvements included an acknowledgment that the original legislation disadvantaged Australian scientists compared to United States scientists, with the United States excluding research that was considered ‘fundamental’, not just ‘basic’ or ‘basic strategic’. It introduced an additional 12-month implementation period; strengthened ongoing stakeholder engagement; provided applicants the ability to apply for permits on behalf of projects; and in some ways narrowed the scope of publication and brokering offences. It, however, simultaneously extended the authority of the Defence Minister to include a ‘tap-on-the-shoulder’ prohibition power.

The NTEU remains concerned about the scope of the legislation, its practical application and its capacity to hamstring research innovation in dual-use technologies, by introducing barriers to certain basic research activities, as well as introducing major legal and regulatory uncertainties into the research careers of Australian scientists.

5. When do these laws come into effect?

Criminal offences in the Act will come into force on Saturday 2 April 2016. This means that academic research covered in the Act is not protected by a permit at this time may have serious criminal consequences.

6. Who do I talk to if I have concerns with these laws?

The NTEU is seeking to generate awareness of the legislation with potentially affected members and to ensure that staff concerns are communicated to government. If you have concerns about how the legislation applies to you, a colleague, or to your students, we encourage you get in contact with the NTEU National Policy and Research Unit (03) 9254 1910 or [email protected] You can also join our mailing list to receive important news and union analysis on this issue.

The Senate Foreign Affairs Defence and Trade Committee (FADT Committee) has an important oversight role. During the 24-month transition period, it requested public submissions and reported on the progress of the legislation. In its third and final progress report it recommended that it continue its role in preparing a report within the 12-month implementation period ending in April 2016 and that it report on an interim basis beyond this point in time.

Following the passage of the amendments, the Strengthened Export Controls Steering Group remains responsible for advising the Defence Minister and the Minister for Industry and Innovation throughout the implementation period on how “to ensure the new controls fulfil Australia’s international obligations and national security requirements”. It convenes two academic subgroups for academic advice on cryptography and biomedical research.

Is my research affected?

1. Is my research on the Defence Strategic Goods List (DSGL)?

The potential scope of research captured under the Act is defined by the Defence and Strategic Goods List (DSGL). If the research you undertake or are involved in produces technologies that are not on the DSGL, it is not affected. Before you decide to apply for a permit, you should first establish whether your research is in fact captured. A useful starting point is to undertake the Online DSGL Assessment Tool created by the Defence Export Controls Office (DECO).

The DSGL covers ten areas that include areas of dual use research:

  • Materials, Chemicals, Microorganisms and Toxins.
  • Materials Processing.
  • Electronics.
  • Computers.
  • Telecommunications and Information Security.
  • Sensors and Lasers.
  • Navigation and Avionics.
  • Marine.
  • Nuclear Materials.
  • Aerospace and Propulsion.

Just because you are not undertaking scientific research outside military purposes or defence technologies, this does not mean your ability to supply research to another person may not require a permit. If you publish in the humanities and social science, your own research is not likely to fall under the Act (but you may still need to be careful about supplying and posting the unpublished scientific research of others). It is advised that members approach the Defence Export Controls Office (DECO) for more information if it is not clear whether a 'supply' of your research is covered by the legislation or not but that you check back with independent sources such as the NTEU.

2. Are there exemptions for my type/s of research?

If the research you undertake is ‘basic’ or ‘basic strategic’ scientific research (as defined by the DSGL) it is not affected (this is the Australian Bureau of Statistics (ABS) definition).  If your research is ‘applied’ or ‘experimental developmental’ it may potentially be affected. If your research can be described as ‘fundamental’ according to the US ITAR system, this does not mean your research is exempt from the Australian defence controls regime.

3. Are there exemptions on the kinds of research activity I am concerned about?

The following are some exemptions for publication, supply and brokering that DECO are actively advising university staff about:

Publication

The publication offence does not apply to dual-use technology (Part 2 DSGL) or if the DSGL technology has already been placed in the public domain.

Supply

The supply offence does not apply to:

  • Oral supply, in some circumstances; or
  • Pre-publication activity of dual-use technology (Part 2 DSGL), such as emailing an article to an overseas journal; or
  • Supplies to members of ADF, APS, ASIS or ASIO employees, AFP, State or Territory police members; or
  • Supplies by members of ADF, APS, ASIS or ASIO employees, AFP, State or Territory police s by who are supplying in the course of their duties; or
  • Supplies under the Australian-US Defence Trade Cooperation Treaty.

Brokering

Military (Part 1 DSGL) – A permit is not required:

  • For members of ADF, APS, ASIS or ASIO employees, AFP, State or Territory police members, who is brokering in the course of their duties; or
  • Where the supply is from a place in a foreign country or all of the arranging is done while in the foreign country and that foreign country is listed on the Foreign Country List (legislative instrument) (section 15(4)). Please see refer to the Defence Trade Controls Act and the legislative instrument for the countries on the Foreign Country List.

Dual-Use (Part 2 DSGL):  A permit is only required if the goods, software or technology are being used for a WMD program or for a military end use. However, if the goods are being used for military end use, a permit is not required:

  • For members of ADF, APS, ASIS or ASIO employees, AFP, State or Territory police members, who is brokering in the course of their duties.

Where the supply is from a place in a foreign country or all of the arranging is done while in the foreign country and that foreign country is listed on the Foreign Country List (legislative instrument). Please see refer to the Defence Trade Controls Act and the legislative instrument for the countries on the Foreign Country List.

Communicating with individuals in Australia

If your research is only being transferred to other researchers in Australia, whether they are citizens, non-citizen residents or otherwise, this activity is not controlled under the Act. Criminal liability begins when you supply controlled technology from within Australia to another person outside of Australia. It is a common criticism of the Act that this exception is by-and-large meaningless to academics, where communication about research beyond borders is routine and a fundamental rationale for academic freedom.

Note that an offence for the publication of controlled technology can occur in Australia. In the context of the Act, a publication is not just journal articles or conference papers but publication through websites, blog posts, uploading research or data to peer-to-peer networks, wikis, as well as emailing, forwarding or sharing unpublished scientific research sent by a colleague through social media.

The Department of Defence has advised that based on its work with universities, they believe it is "highly unlikely that publications of military technology will meet the specific control thresholds to be listed in the DSGL" but that if you believe your publication will contain controlled Part 1 (military) technology, you should use the Online DSGL Tool to confirm your technology is listed on the DSGL.

Pre-publication

There is an exemption if the activity is considered pre-publication or ‘preparatory to publication’ (section 10(3)). The meaning of this phrase is not clearly defined in the legislation and there remains important semantic debates about what prepublication activities are meant to include. Defence have stated:

The pre-publication exception only applies to dual-use technology (Part 2 DSGL), where the supply is preparatory to the publication of DSGL technology. Although ‘preparatory to publication’ is not defined in the Act, DECO interprets this to include supplying a draft article to an overseas publisher or a draft presentation to an international conference. If you are unsure whether an activity is covered by the pre-publication exception, please contact DEC. Please note that this exception does not apply if the supply is for military end-use or for use in a WMD program.

Verbal or oral supply

There is an exemption where there is a verbal or ‘oral supply’ of controlled technology (communication via telephone, Skype, etc.), unless where this is orally providing access to controlled technology or verbally supplying controlled technology involving a WMD program or military end-use (including by providing a password to a file containing controlled technology). The meaning of oral supply also is not clearly defined in the legislation. Defence have stated:

Oral supply is not defined in the Defence Trade Controls Act, however, DEC interprets oral supply to include telephone conversations, video conference or live streaming. The oral supply exception will not be available if you are verbally supplying a person access to the technology (e.g. providing password) or the verbally-supplied technology will be used in a WMD program or for a military end-use.

Please see below for examples.

Oral supply exception applies: Kate has a telephone conference with her research partners in Germany. During that conversation, Kate discusses DSGL technology. The oral supply exception applies and therefore a permit is not required.

Oral supply exception does not apply: Kate has a telephone conference with her research partners in Germany. During that conversation, Kate orally provides her colleagues with a password to access a cloud server, so that they can share DSGL controlled technology.  The oral supply exception does not apply as Kate is providing access to DSGL technology. Therefore, a permit is required.

Please note that in certain circumstances, a recording of a verbal supply may require a permit if the recording will be made available to a person outside of Australia.

Furthermore, it appears that writing a formula on a white board during a Skype call would not be verbal supply and thus would not be exempt from the Act.

4. Other common questions about research activity

Does the Act impact upon the enrolment of my research students?

The Act does not have any implications for the countries of origin for research students you or your institution enrols whatsoever. If you are told this by an administrator they are wrong. However, controls around the enrolment of international students may in certain instances be limited by the Autonomous Sanctions Act 2011. The NTEU understands that this has been a common misunderstanding and talk to us for further information.

Can I take my laptop overseas?

No, not without a permit if your research would be determined as a controlled technology. DEC have stated:

This would be a tangible export of technology. Tangible exports of DSGL technology are regulated under the Customs Act. Taking a laptop overseas which contains controlled technology is classified as a tangible export. Defence Exports Controls is currently progressing an exception in regulation 13E of the Customs (Prohibited Exports) Regulations to allow such exports when the technology is being taken overseas for personal use. However, in the meantime you will need to a permit to take a laptop overseas, if that laptop contains controlled technology. It is sufficient for the university, instead of each individual researcher, to be listed as the permit holder, consignee and end-user. This would cover all persons from the university.

Can I put my data on the cloud?

Yes, you can put controlled technology on the cloud. But you cannot share it with a colleague overseas without a permit. Defence have stated:

Sharing controlled technology through a cloud may be a supply if the Australian researcher is supplying controlled technology to an overseas researcher.

Uploading DSGL technology to a cloud, servers or document sharing tools for storage purposes, regardless of where the server is located, is not a supply if there is no intent to provide access to another person outside of Australia.

If DSGL technology is uploaded to a cloud service in Australia, with the intention of supplying that technology to another person outside of Australia, a permit would be required. Two examples are provided below.

Not controlled – no permit: Steve in Australia uploads DSGL technology to his cloud. Steve then travels overseas and accesses that technology whilst overseas. No supply has occurred.

Controlled – permit required: Steve in Australia uploads DSGL technology to his cloud. Steve gives the password to his cloud to Max, his research partner located in Switzerland. Max then uses that password to access the DSGL technology from the cloud in Switzerland.  This is supply and a permit is required.

Is the design of medical equipment exempted?

Defence advises that medical equipment specially designed for medical end-use is exempted:

As per Part 1A Division 3 of the DSGL, "equipment specially designed for medical end use that incorporates an item in the Dual-Use List is not controlled."

Applying for a permit

1. When should I apply for a permit?

The Defence Trade Controls regime is implemented by the Defence Export Controls branch (DEC) in the Department of Defence  and a permit will be necessary for individuals supplying goods, technology and software (including research) listed in the Defence Strategic Goods List (DSGL). Criminal offences in the Act will come into force on Saturday 2 April 2016. If the Online DSGL Assessment Tool indicates your research falls within the DSGL as a ‘controlled activity’, you should fill out an Application for DSGL Assessment, get in touch with DECO, and proceed with an application for a permit as soon as possible.

2. How do I apply for a permit?

DEC describes five steps in the application process here. If your research falls within the DSGL and can be described as a ‘controlled activity’, you will first need to obtain a DECS Client Registration Number (DCRN), and then an Application for DSGL Assessment to confirm whether your research is controlled under the DSGL. Links to both forms are available here.

If your research is controlled under the DSGL, you will then have to submit an Application to Export or Supply Controlled Goods and Technology to acquire either an approval to export or supply goods and technology or an in-principle approval assessment. Permit applications are available here.

DEC states that supporting documentation may need to be submitted. A permit of permission licence will then be issued. Finally, you may need to fill out an Australian Customs Export Declaration Notice (B957) for export of physical goods.

DEC states that routine applications take up to 15 working days, but this is assuming that a complete application with all supporting documentation has been received. There are also likely to be delays where DECO undertakes complex decisions around third party clearances or the release of classified information. The NTEU is interested in hearing more from members about whether the length of the application process has serious implications on the progress of research.

3. What kinds of permit can I apply for?

In relation to coverage, the legislation states a permit can cover a number of supplies or a specific period. Applications can also be made for either an individual permit, or a multi-party project permit, or a permit to match the terms of a research or commercial contract, the latter of which are likely to be more useful for research projects. To apply for a multi-party or a matched permit see here.

4. How long will my permit apply for?

While the legislation does not outline a specific limit on the length of a permit for supply of DSGL technology, it makes clear that the permit length will be specified within the permit, and it is clear it may be expressed as an expiry date, after which another permit is necessary.

5. What conditions can DEC place upon my research?

Some permits will contain reporting conditions. But permit conditions may extend well beyond just reporting conditions, and it is outlined in section 11 (7) that a permit holder is legally obliged to comply with any conditions or requirements placed on a permit.

DEC has told us the following:

Permit conditions may vary depending on the type of activity being conducted, the length of the activity, and any other relevant factors. Examples of permit conditions include reporting conditions; delivery verification conditions; and in the case of temporary exports, setting a time frame for the good to be returned to Australia.

The potential range of conditions are not defined in the legislation and the NTEU is interested in identifying the scope of conditions being imposed, particularly conditions that are incommensurable with the exercise of academic freedom, and conditions which set barriers or disincentives against activities necessary to achieve academic promotion. We have already been provided examples of permits that constrain the exercise of academic freedom.

6. Can my permit be modified by the Minister after the application process is complete?

Your permit can be arbitrarily modified by the Defence Minister even after the application process is complete. The Minister can impose or vary permit conditions, and is only required to give reasons to that person or party. Generally the new conditions come into effect after 7 days, but the legislation allows for a direction to come into effect immediately once the notification is received and where the circumstance is considered a matter of urgency by the Minister.

The minister may revoke a permit if you have failed to comply with a condition. Breaching a permit condition is also a criminal offence subject to a fine of up to 60 penalty units.

Note that the Defence Minister may also exercise a ‘tap-on-the-shoulder’ prohibitions power and can prohibit a supply where the Minister believes this would “prejudice the security, defence or international relations of Australia.

7. When can the Defence Minister prohibit particular supplies?

The Defence Minister can prohibit a person from supply, brokering or publishing DSGL technology to the public or to a specified section of the public where the Minister “reasonably believes that the supply of a particular DSGL technology would prejudice the security, defence or international relations of Australia”. The meaning of this phrase and the range of contexts in which the Minister is empowered to prohibit supply is identified in the Defence Trade Controls Regulations. These reasons are far-reaching and include reasons that are unrelated to the threat of either the proliferation of weapons or Australia’s treaty obligations, including where it contributes to political instability internationally or regionally, or where it supports the further militarisation of a conflict. A Ministerial direction prohibiting a supply can last up to a year.

8. What if I am unhappy with the outcome of the application process?

If you are dissatisfied with a decision (such as to refuse or revoke a permit, to impose or vary a condition of a permit, or other matters listed at section 63), within 30 days of the written notice being given by the Minister you can request that the Minister review the decision. This request must include your reasons why the request is being made. The Minister may either set aside the original decision, make another decision or affirm the decision and give reasons for it. The Minister must also inform you of your right to have the decision subsequently reviewed by the Administrative Appeals Tribunal. If you have not heard from the Minister within 90 days, the Minister is assumed to have affirmed her/his decision. The onus is on you to seek a review of the outcomes and you should contact the Administrative Appeals Tribunal.

What role does my employing institution have?

1. What obligations does my university need to satisfy with DEC in administering the Act?

Your employer institution has a role in establishing an effective export control compliance program, however, the details of this or their obligations to you is not clear.

In the Explanatory Memorandum to the legislation, the estimated administrative cost to university and research institutions was $473,000 to start-up and $232,000 ongoing per year. We undertand from DEC that universities have accepted the cost of compliance and that there is no financial assistance from the Department.

Representatives from university management bodies are represented in the Strengthened Exports Control Steering Group. If you have a complaint about the operation of the regime, it is incumbent upon your employer to provide this advice to DEC and to other avenues of review, such as through the Strengthened Exports Control Steering Group and the FADT Senate Committee.

However, while DEC has provided a list of potential institutional compliance activities on their website, they have informed us that they do not run an internal compliance model that either allows them to penalise universities for failing to provide specific protections for staff, or even for DEC to collect information about the compliance programs that are out there (including at your institution).

If your university has not yet established internal compliance arrangements or are failing to run information sessions or compliance training, you should ask why. The NTEU is seeking to build a better picture about what is happening across Australian universities. Get in touch with the NTEU National Policy and Research Unit (03) 9254 1910 or [email protected].  

2. Does my university have a responsibility to ensure I have a permit?

Universities may claim to shoulder the responsibilty of ensuring affected staff have permits, but such claims should be taken with a grain of salt, and their position more closely scrutinised. The law is clear that criminal liability falls upon individuals responsible for tangible and intangible supplies. This means that if a criminal prosecution was to begin, it would be the researchers without permits who would be liable.

3. What activities can my university compel me to do?

While DEC are not tasked with protecting academic staff from negative or unnecessary impacts, poorly designed university compliance programs damage the reputation of the overall Defence Trade Controls regime. You should report any demonstrably unreasonable expectations made by your employer to the NTEU first, consider writing to the FADT Senate Committee and potentially to DEC. 

4. Who is responsible if my research is adversely affected by my workplace’s advice or guidance?

Suggested employer responsibilities centre on the coordination of communication and training, undertaking of institutional audits. However, as stated there are no direct incentives to ensure your employer is acting in the interest of staff in terms of any expanding administrative burden, the inconvenience placed upon your research projects aside from their concerns about loss of revenue, or to protect the career aspirations of employees and the capacity for staff to exercise academic freedom. The NTEU is aware that some universities are already misinterpreting the legislation and imposing unnecessary administrative burdens upon academic staff. Concerns on these issues are being raised by the NTEU and we would encourage you to get in touch with the NTEU National Policy and Research Unit (03) 9254 1910 or [email protected]

Practical questions for members

1. How does Defence Trade Controls impact on you?

The NTEU is collecting information about the progress of the Defence Trade Controls regime. Contact us to join our mailing list through the NTEU National Policy and Research Unit at (03) 9254 1910 or [email protected] You are also welcome to contact us about your circumstances at any stage. Below is a list of questions that the NTEU is interested in hearing about in order to evaluate the impact of the Defence Trade Controls regime upon you.

1. How does the current DSGL impact upon your academic discipline? Is the DSGL drafted too wide in your areas of academic expertise?

2. Are you receiving sufficient information, communication, training and support about Defence Trade Controls from your workplace?

3. Are there instances in which DECO’s advice about the meaning of the legislation, the criminal offences, or the nature of your legal obligations failed to be clear? Have DECO been able to adequately address your concerns with language or meaning? Do you believe the meaning of verbal supply and prepublication is reasonable?

4. If you have applied for a permit with DECO, what has this experience been like? Was the permit provided within an appropriate period of time? Has the provision of the permit, such as the length of time it took or the conditions contained within the permit, adversely impacted upon research contracts or funding? Have new conditions been imposed or have conditions been arbitrarily varied in relation to your permit? Have you had a supply prohibited and what were the reasons given?

5. Are the Defence Trade Controls compliance expectations imposed by your workplace reasonable? Has this adversely impacted upon your workload? Does this adversely impact upon your career opportunities?

6. If you have applied for a permit involving US research, do you believe Australia’s legislative framework disadvantages Australian scientists?

7. Does the Defence Trade Controls adversely impact upon your career path, academic promotion or the exercise of your academic freedom?