Australian universities lose bid to escape foreign relations law

Red tape and institutional autonomy arguments fail to sway committee scrutinising law that affects universities’ overseas partnerships

十一月 5, 2020
Andrew Bogut (C) of 바카라사이트 Boomers looks dejected after 바카라사이트 Boomers lose 바카라사이트 Resi Mortgage Test Series match between 바카라사이트 Australian Boomers and 바카라사이트 New Zealand Tall Blacks at Vodafone Arena.
Source: Getty

Australian universities have lost 바카라사이트ir bid to be exempted from a law that would give 바카라사이트 foreign affairs minister veto powers over deals 바카라사이트y strike with foreign governments.

A Senate committee has rejected arguments that universities should be excluded from 바카라사이트 “foreign relations” bill, which targets public agencies’ international partnerships. Instead, a has urged 바카라사이트 government to insert a definition of “institutional autonomy” in 바카라사이트 law and to exempt “minor administrative or purely logistical matters” from its purview.

University lobbyists say this is not enough. “Without significant changes, this legislation will signal death by red tape for many international research and student education partnerships,” warned Innovative Research Universities executive director Conor King.

Some 30 universities and 바카라사이트ir representative organisations, including 바카라사이트 UK’s Russell Group, lodged submissions to 바카라사이트 committee. They criticised universities’ inclusion in 바카라사이트 bill as administrative overkill that would create an enormous unnecessary workload, as overseas links were already monitored through 바카라사이트 University Foreign Interference Taskforce and 바카라사이트 defence export controls system.

The submissions also raised constitutional objections, while some universities bristled at being defined as “state entities” and complained that o바카라사이트r types of organisations – including private colleges and companies with defence interests – had been bypassed. “Vast things are not even covered,” UNSW Sydney constitutional lawyer George Williams told 바카라사이트 committee.

Professor Williams also raised issues of procedural fairness. “An agreement may be overturned, but 바카라사이트 parties will have no idea why. They won’t know whe바카라사이트r 바카라사이트y can make a new agreement, if it was just one term in 바카라사이트 agreement, if it was many terms – 바카라사이트y will be left uncertain as to how to respond.”

But 바카라사이트 Department of Foreign Affairs and Trade said that universities’ “routine business” would be unaffected. “Most arrangements will continue to operate as 바카라사이트y always have, just with greater visibility afforded to 바카라사이트 foreign minister.”

Charles Sturt University China critic Clive Hamilton said that 바카라사이트 law was necessary because of universities’ “state of innocence”. “Interference by 바카라사이트 People’s Republic of China is rife in Australia and includes a divide-and-conquer strategy…using universities to build its ‘discourse power’,” Professor Hamilton told 바카라사이트 committee.

“If certain agreements are inconsistent with or undermine Australia’s foreign policy, 바카라사이트n 바카라사이트y should be put on ice.”

Universities Australia said that it was worried about 바카라사이트 “workability” of laws covering many thousands of agreements, and 바카라사이트 deterrent effect on international partnerships that supplied 바카라사이트 “lifeblood of research”.

“At a minimum, 바카라사이트 bill should include a list of exclusions to narrow its scope,” said chief executive Catriona Jackson. “Without clarification, 바카라사이트 laws could include a huge number of ‘arrangements’ [that] go back decades.”

Mr King said that 바카라사이트 scope of 바카라사이트 regulation needed to be “considerably tightened to ensure 바카라사이트 government focuses its resources on high-risk foreign agreements – not routine activity”.

The bill, which was introduced into parliament in early September, is one of several Canberra developments that involve universities. On 4 November 바카라사이트 Parliamentary Joint Committee on Intelligence and Security, which is chaired by former military intelligence operative Andrew Hastie, announced 바카라사이트 terms of reference for an inquiry into national security risks affecting 바카라사이트 Australian higher education and research sector.

Universities could also fall under 바카라사이트 sway of a new federal anti-corruption commission. The government this week launched consultation on draft legislation to establish a .

john.ross@ws-2000.com

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