Bill
Defence Trade Controls Amendment Bill 2024
passed, as at 2024-04-08. Defence portfolio.
- Sponsor
- Not recorded
- Portfolio
- Defence
Recorded stages
- introduced — 2023-11-30
- second reading — 2023-11-30
- other — 2024-03-19
- second reading — 2024-03-19
- other — 2024-03-20
- second reading — 2024-03-20
- second reading — 2024-03-20
- committee — 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 2023-11-30.
The bill would create new offences for supplying controlled military and dual-use goods or technology to foreign persons without a permit.
The supply of certain items listed in the Defence and Strategic Goods List would require a permit from the Defence department before it can occur.
The amendments would remove the need for a permit when supplying specified items to the United Kingdom or the United States, and expand existing exemptions in response to a Senate committee report.
- Creates offences for transferring technology listed on the Defence and Strategic Goods List to a foreign person within Australia without a permit.
- Creates offences for supplying previously exported goods or technology from a foreign country to another person or a foreign person without a permit.
- Creates an offence for providing services related to Part 1 goods or technology, such as training or maintenance, to foreign persons without a permit.
People and entities that supply controlled military or dual-use goods, technology or services to foreign persons within Australia or from outside Australia.
Sources
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