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Scenarios - Educational Instruction

Key Concepts

Supply - when controlled technology, or access to that technology, is provided to users located outside of Australia.

Publication - when controlled technology is placed it in the public domain.

Pre-publication - activities, such as supplying a draft publication to a publisher or a peer reviewer, that support the pubication process.

Export - sending goods and/or technology from Australia to a place outside of Australia.

As a first step, it is important to understand whether the goods or technologies you are using actually trigger control thresholds. You can self-assess using the Online DSGL Tool on the DEC website.

The list of controlled goods and technologies (the Defence and Strategic Goods List) is split into two parts:

Part 1 lists munitions (or military) items. These items are more tightly controlled.

Part 2 lists dual-use items; that is, items that may be used for commercial purposes, but may be used in military systems or for weapon of mass destruction purposes.

Educational Instruction

Scenario One - Teaching foreign students

I teach a university graduate course on design and manufacture of very high-speed integrated circuitry. The course will take place entirely in Australia. Many of the students are non-Australian persons. Do I need approval to teach this course?

No, supplying DSGL technology wholly within Australia is not subject to export controls.

With consideration to the previous scenario - Would it make any difference if I share recent, and as yet unpublished results, from my laboratory research?

No. If you are sharing your research with people in Australia you will not require a permit.

Would it make any difference if I were teaching at a foreign university?

If you were teaching at a university outside Australia, you would not require a permit as the supply is occurring wholly outside of Australia.

If you take the DSGL technology with you from Australia on a laptop or media storage device you will require an export permit.

If you download the DSGL technology while you are overseas, no permit is required.

Scenario Two - Proprietary courses

I teach proprietary courses on design and manufacture of high-performance machine tools. Is the instruction in my classes subject to the Australian export controls?

Assuming your DSGL technology is controlled:

  • If you are teaching the course in Australia, the work is not subject to export controls as the activity takes place wholly within Australia.
  • If the course is offered as an online course and students located overseas are enrolled, then you will require a permit to supply the DSGL technology to the overseas students.

Scenario Three - Using DSGL research in courses

I am teaching an online undergraduate unit at my university. The unit material draws on my research in DSGL technology. My face-to-face lectures are recorded and uploaded and are then accessed by enrolled students from all over the world, including from the international campuses that my university operates. Does the export controls legislation apply to my teaching activities?

Education materials at the undergraduate or 'masters by coursework levels' of study are highly unlikely to be controlled, as the material is likely already in the public domain (e.g. available in textbooks).

If you are supplying DSGL technology that is not in the public domain, a permit will be required to supply the recordings from Australia to students located overseas (supply includes providing access to controlled technology).

Scenario Four - Basic scientific research

I am supervising a PhD student doing 'basic scientific research', which could potentially have a dual use. Are there any concerns about publishing the research in journals or making the thesis publicly available? Also, would the student be able to present their research at an overseas conference?

'Basic scientific research' is exempt from export controls. The student will not require approval to publish the material or speak on it at a conference in Australia or overseas.

Scenario Five - International review of a thesis

A student has completed their thesis and the supervisors have decided that the most appropriate examiners, experts in the field, are based overseas. If the thesis contains information on the use of, or results obtained pertaining to technology listed in Part 1 of the DSGL, can the thesis be sent overseas for review?

If the thesis contains any Part 1 DSGL technology and no DSGL exemptions apply, then the person sending the thesis will need a supply permit to send the thesis overseas for review (the pre-publication supply exception is not available for DSGL Part 1 technology).