Simon Lauder reported this story on Thursday, April 7, 2016 12:35:52

ELEANOR HALL: Australian scientists are speaking out against new laws which they say restrict academic freedom and may have a chilling effect on international collaboration.



The laws are intended to prevent technology and information related to defence falling into the wrong hands.



The Australian Academy of Science and Universities Australia say they have no problem with the laws.



But the academics union is campaigning against the changes as Simon Lauder reports.



SIMON LAUDER: Universities around Australia have been informing their researchers about new regulations which may affect how they work.



Amendments to the Defence Trade Controls Act came into effect this month, regulating the supply and publication of technologies which appear on the Defence and Strategic Goods List.



Among many other areas of research, the list covers biotechnology, epidemiology, high performance computers and nuclear materials.



Permits are now required for anyone who wants to share or export information or technology, which is covered by the list.



The Department of Defence now needs to be consulted for approvals to share information covered by the Defence and Strategic Goods List.



Licences will be issued by the Defence Export Control Office.



Mathematician and Laureate Professor from the University of Newcastle, Jon Borwein, is wondering what it means for him.



JON BORWEIN: Whereas it may be clear to me what the difference between the kind of control theory I study and the kind of control theory that leads to control devices in nuclear reactors, it's not so clear to me that it will be clear to people who have to tell me at my university whether I can or can't do something or whether I should be getting their permission.



SIMON LAUDER: Civil Liberties Australia has raised the alarm about the changes, claiming that the ultimate outcome is blatant censorship, with a further protective blanket of uncertainty.



It says the burden of identifying what Defence might be interested in is laid on the scientists and researchers.



Civil Liberties says that will lead to self-censorship of the very worst kind.



Professor Borwein.



JON BORWEIN: Much like not wanting to have an interview with the tax man when necessary, I suspect it will just stop certain kinds of initiatives starting.



SIMON LAUDER: Could your work be really affected by this or is it just hypothetical at this stage?



JON BORWEIN: I don't think one ever knows. The reality is I'm a very senior researcher with a very secure set of research projects. I am likely just to avoid the grief to say no to anything that looks like it would even vaguely get in the way of, you know, this legislation.



SIMON LAUDER: Professor Borwein is one of many scientists who have signed a petition against the new laws. It's also been signed by the National Tertiary Education Union, which says the laws restrict academic freedom.



But Universities Australia has backed the changes. The amendments which passed are the result of two years work and consultation to get the balance right between academic freedom and the protection of Australia's national security interests.



When he was Australia's Chief Scientist, Professor Ian Chubb was also involved in those negotiations. He says there are broad exemptions to the laws.



(Question to Ian Chubb)



Are you confident that the exemptions which are in these laws will mean there will be no restrictions on academic freedom, there will be no chilling effect on research and collaboration?



IAN CHUBB: Well, as confident as I can be. I mean at the end of the day these things have got to be implemented by other human beings and if they operate them in the spirit that we used when we entered into this business, then I could be confident.



But the working group that was set up, the advisory group, did not go into this business to say how do we stop things happening.



We went into the business saying how do we, to the best of our abilities, set up some arrangements which enable Australia to comply with its obligations under treaties to reduce, stop, prevent whatever proliferation of weapons, but at the same time minimise the impact on researchers.



Now, that's how we went about it. To think that we might have done otherwise would be offensive.



SIMON LAUDER: The Australian Academy of Science says the new laws are not as onerous as many scientists fear.



Nonetheless, it's conducting further consultations with its members to find out more about scientists' concerns.



ELEANOR HALL: Simon Lauder reporting.