The Safeguarding Australia’s Military Secrets (SAMS) legislation and program supports Australia's commitment to protecting military secrets and strengthening national security.
On 8 April 2024, an amendment Part IXAA to the Defence Act 1903 was given Royal Assent. This amendment is intended to assist in addressing current and evolving foreign security threats through the introduction of a requirement for some individuals in specific circumstances to seek foreign work authorisation.
The requirement for a foreign work authorisation strengthens Australia's security by preventing individuals from disclosing or exploiting classified military or related information.
Date of commencement
The amendment to Part IXAA to the Defence Act 1903 - Safeguarding Australia's Military Secrets (SAMS), introduced on 6 May 2024, requires the individuals listed below to assess their requirement for a foreign work authorisation.
- Former members of the Australian Defence Force, Defence Australian Public Servants and Australian Submarine Agency, who will work for a foreign military or foreign government body.
- All Australian citizens or permanent residents providing training to a foreign military or government body that is related to:
- Part 1 of the Defence and Strategic Goods List
- military tactics, techniques and procedures.
If the individual finds a foreign work authorisation is required, then they must submit a request for authorisation.
The legislation is not intended to limit individuals from working for, or providing training to, a foreign military or government body (including public enterprises). It is intended to prevent individuals with sensitive Defence information and experience, from training or working for military organisations and foreign government bodies without appropriate authorisation.
The maximum period for a foreign work authorisation is 3 years. Individuals requiring a longer period of authorisation need to request a new foreign work authorisation before their previous authorisation expires. The time taken to process a request can vary, so it is recommended that individuals request their new authorisation early to allow sufficient time for the request to be processed.
Guide for foreign work restricted individuals
A foreign work restricted individual is someone who was previously a Defence staff member, but is no longer working for Defence. Individuals assessed to be a foreign work restricted individual may require a foreign work authorisation.
The online foreign work authorisation request form is available. A PDF version is also available on request.
To find out more information on who is required to submit a foreign work authorisation request, see the Authorisation requirements page.
Foreign work authorisation assessments
Individuals working for a foreign military organisation or government body should assess their requirement for a foreign work authorisation and where required submit a request for a foreign work authorisation.
Defence will undertake a comprehensive risk assessment of the work or training applied for in each foreign work authorisation request. This is to ensure the work or training does not compromise Australia's security, Defence, or international relations.
The time taken to assess a request will vary. Assessment times will depend upon the complexity of the request, the responsiveness of the applicant to subsequent requests for additional information and the security risk posed. All requests will be assessed as quickly as possible.
Individuals can refer to the information provided on this website for guidance, or submit a support request.
Costs
There are no costs for individuals to apply for, or maintain, a foreign work authorisation. In some circumstances there may be a cost for obtaining personal information that is required as part of the assessment process. These costs may include the translation of original documents and certificates into English. These costs are borne by the requestor.
Commencing new work before receiving foreign work authorisation
Individuals making arrangements to commence work or training in a role requiring a foreign work authorisation must wait until the outcome of their foreign work authorisation request is provided.
Individuals commencing work or providing training prior to receiving a foreign work authorisation may be committing an offence under the legislation. Individuals are encouraged to submit their foreign work authorisation request as soon as they have sufficient information to complete the form.
Awaiting a foreign work authorisation assessment
The SAMS legislation commenced on 6 May 2024. Individuals working for a foreign military organisation or government body should assess their requirement for a foreign work authorisation and, where required, submit a request for a foreign work authorisation.
Individuals that have not commenced in a role that requires authorisation, must not commence in that role until they have been granted authorisation.
Individuals that are already working and continue to work for a foreign military organisation or government body, and who have not submitted a foreign work authorisation request, may be committing an offence under the legislation.
Information for industry
Organisations and companies operating in and outside of Australia should consider if their personnel, contractors or sub-contractors are impacted by the new legislation. The requirement for a foreign work authorisation depends upon the circumstances of each individual. Foreign work authorisation may be required for any training or work undertaken for a foreign military organisation or government body including public enterprises.
To find out more information on who is required to submit a foreign work authorisation, see the Authorisation requirements web page.
Alignment with Defence Trade Controls
The Defence Amendment (Safeguarding Australia’s Military Secrets) Act 2024 is closely aligned to the Defence Trade Controls Amendment (DTC) Act 2024, which protects the technology and information of Australia and its key partners.
To find out more information on the DTC Act and how it may apply, see the Defence Trade Controls Amendment Act page.