Bill
Defence Amendment (Safeguarding Australia’s Military Secrets) Bill 2024
passed, as at 2024-04-08. Defence portfolio.
- Sponsor
- Not recorded
- Portfolio
- Defence
Recorded stages
- introduced — 2023-09-14
- second reading — 2023-09-14
- other — 2024-03-19
- second reading — 2024-03-19
- second reading — 2024-03-19
- committee — 2024-03-19
- other — 2024-03-20
- third reading — 2024-03-20
- introduced — 2024-03-21
- second reading — 2024-03-21
- second reading — 2024-03-25
- second reading — 2024-03-25
- committee — 2024-03-25
- third reading — 2024-03-25
- third reading — 2024-03-27
- passed — 2024-03-27
- royal assent — 2024-04-08
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2024-03-25.150.15) to read the bills a second time. In other words, they voted in favour of agreeing with the main idea of the bills. This means they can now discuss them in more detail. ### What do the bills do? According to the Defence Amendment (Safeguarding Australia's Military Secrets) Bill 2024's [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2324a/24bd026) (which is a document prepared by the parliamentary library): > * *The Defence Amendment (Safeguarding Australia’s Military Secrets) Bill 2023 creates a scheme for issuing foreign work authorisations to former defence staff members and other individuals who wish to work for, or provide specified training to, foreign military organisations or government bodies. Working or training without the relevant foreign work authorisation is a criminal offence with a maximum penalty of 20 years imprisonment.* > > * *Former defence staff members are defined as foreign work restricted individuals who must not perform work for, or on behalf of, foreign military organisations or government bodies unless the individual holds a foreign work authorisation for the work or another exception applies.* > > * *Australian citizens and permanent residents are restricted from providing training in certain areas for foreign military organisations and government bodies unless the individual holds a foreign work authorisation for that training or another exception applies.* > > * *Former Defence contractors, consultants and outsourced service providers are not classed as former defence staff and therefore not foreign work restricted individuals. If they engage in work or training for foreign government bodies or military organisations their obligation to apply for a foreign work authorisation and criminal exposure will be different to that of former defence staff members even in cases where they have performed the — 2024-03-25, Senate: affirmative, ayes 28, noes 12
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2024-03-27.177.6) to read the bills a third time. In other words, they voted in favour of passing the two bills in the Senate. Since they have already passed in the House of Representatives, they will now become law. ### What do the bills do? According to the Defence Amendment (Safeguarding Australia's Military Secrets) Bill 2024's [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2324a/24bd026) (which is a document prepared by the parliamentary library): > * *The Defence Amendment (Safeguarding Australia’s Military Secrets) Bill 2023 creates a scheme for issuing foreign work authorisations to former defence staff members and other individuals who wish to work for, or provide specified training to, foreign military organisations or government bodies. Working or training without the relevant foreign work authorisation is a criminal offence with a maximum penalty of 20 years imprisonment.* > > * *Former defence staff members are defined as foreign work restricted individuals who must not perform work for, or on behalf of, foreign military organisations or government bodies unless the individual holds a foreign work authorisation for the work or another exception applies.* > > * *Australian citizens and permanent residents are restricted from providing training in certain areas for foreign military organisations and government bodies unless the individual holds a foreign work authorisation for that training or another exception applies.* > > * *Former Defence contractors, consultants and outsourced service providers are not classed as former defence staff and therefore not foreign work restricted individuals. If they engage in work or training for foreign government bodies or military organisations their obligation to apply for a foreign work authorisation and criminal exposure will be different to that of former defence staff members even in cases — 2024-03-27, Senate: affirmative, ayes 32, noes 12
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-09-14.
The bill creates new rules restricting certain former defence staff and others from working for or training foreign military organisations without authorisation.
The Minister for Defence would grant or refuse foreign work authorisations, set conditions, and determine which individuals or countries are exempt.
The bill also adds new defences to an existing Criminal Code offence to align with the new Defence Act provisions.
- Creates offences for foreign work restricted individuals who work for a relevant foreign country's military or government without authorisation.
- Creates offences for others who provide certain military-related training to such entities without authorisation.
- Gives the Minister power to exempt classes of individuals or foreign countries from the new rules.
- Establishes a process for requesting, granting, and reviewing foreign work authorisations.
- Introduces new defences to section 83.3 of the Criminal Code for conduct authorised under the new Defence Act provisions.
Former defence staff members and other individuals who work for or train foreign military organisations.
Sources
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em revised
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