List of recommendations
2.46The Committee recommends that the Government consider amending the Defence Amendment (Safeguarding Australia’s Military Secrets) Bill 2023 so that paragraphs 115A(6)(b)(ii) and 115B(6)(b)(ii) refer to ‘a component of the International Red Cross and Red Crescent Movement’, rather than only ‘the International Committee of the Red Cross’; to exclude individuals performing official duties for all relevant agencies within the International Red Cross and Red Crescent Movement from the operation of the proposed offences; and
2.47The Committee recommends that the Government assess the existing legislation and procedures and whether they sufficiently cover working or training for paramilitary organisations and militias by former defence personnel.
2.48The Committee recommends that the Government amend the language in paragraph 115B(1)(d)(ii) to make it less broad and more purposeful, such as by adding words so that an offence is created in relation to circumstances where the training relates to military tactics, military techniques or military procedures ‘that would prejudice the security, defence or international relations of Australia’.
2.49The Committee recommends that the Government consider amending the Bill to provide the Minister for Defence with the ability to determine by legislative instrument classes or categories of non-former Defence members that are not required to apply for an authorisation – for example, in cases where a company has been approved to provide goods under the Defence Export Control (DEC) arrangements, and any training, education, or information provision that will occur is confined to personnel involved in, and limited to the purpose of supporting the acquisition and use of the relevant product within the scope of that approval.This could allow a company to apply for a ‘bulk’ approval in the relevant circumstances, and align that application with the DEC process to avoid delays and uncertainty.
2.50The Committee recommends that the Australian Government assess how existing legislation and procedures covering former National Intelligence Community officers and their work for foreign governments should be strengthened, and address the need for further legislation.
2.54The Committee recommends that the Defence Amendment (Safeguarding Australia’s Military Secrets) Bill be passed.