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The Defence Amendment (Safeguarding Australia’s Military Secrets) Act 2024 supports Australia’s commitment to protecting its military secrets and strengthening national security, writes Peter West, First Assistant Secretary - Defence Security and Defence Chief Security Officer.
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We are now four months into the operation of the Safeguarding Australia’s Military Secrets (SAMS) legislation, which commenced on 6 May 2024, so it is timely to take a look at how the new scheme has been operating, noting the offence provisions came into effect on 7 August 2024.
Certain former members of the Australian Defence Force (ADF) and former Defence and Australian Submarine Agency public servants are now required to obtain a Foreign Work Authorisation (FWA) if they intend to work for a foreign military organisation or government body.
The legislation also applies to Australian citizens and permanent residents who want to provide training to a foreign military organisation, government body or government-controlled entity relating to controlled military goods under Part 1 of the Defence and Strategic Goods List and military tactics, techniques and procedures.
This may affect people working in the broader Australian community, including defence industry.
We recognise that this legislation will have an impact on individuals in the defence community, academia, research and industry sectors. However, we have developed the legislation in a way that ensures this impact is proportionate to the national security risks it is designed to mitigate.
Defence is holding weekly briefings with industry and reaching out through members of the Defence Industry Security Program, industry groups, unions and academia. Communications and awareness material is also being distributed using social media, media outlets and publications to help ensure that Australians are aware of their obligations and responsibilities under the legislation.
Everyone should be aware that the relevant offence provisions came into effect on 7 August 2024. The penalties for failing to obtain an FWA where required by the legislation is up to 20 years’ imprisonment.
If you want to find out more about whether you require an FWA, or you want to request an FWA, please go to www.defence.gov.au/sams.
The online application has been designed to assist applicants through the FWA process and will suggest points at which the individual may wish to consider whether they are exempt and if they need to proceed further.
An application form and information can also be obtained offline by emailing
Defence is committed to working with affected individuals and organisations to ensure that everyone understands their obligations under the legislation and to make the FWA process as efficient as possible.
We are keen to hear feedback on the implementation of the legislation from individuals, industry, and stakeholder groups.
Everyone in the defence community, including academia, research and industry sectors, can help protect our national security by ensuring you understand your obligations under the legislation.
Posters, fact sheets and information resources are available online at www.defence.gov.au/sams.
Peter West is the First Assistant Secretary - Defence Security and Defence Chief Security Officer.
