edited
28th Dec 2024
Defence Amendment (Safeguarding Australia's Military Secrets) Bill 2024, Defence Trade Controls Amendment Bill 2024 - Third Reading - Pass the bills
Passed by a modest majority
No rebellions 59% attendance
25th Mar 2024, 5:33 PM – Senate Defence Amendment (Safeguarding Australia's Military Secrets) Bill 2024, Defence Trade Controls Amendment Bill 2024 - Second Reading - Agree with the bills' main idea
Summary
EditThe majority voted in favour of a motion 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 (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 same work for Defence.
The most serious criminal offences around espionage and secrecy of information, which currently apply to defence staff, are in the Criminal Code. Most of the Criminal Code offences require as an element of the offence that the conduct is harmful to Australia’s security or international relations. The proposed offences do not include this element.
It is a live question whether placing the offence provisions in the Criminal Code would result in a more solid and coherent criminal liability scheme.
According to the bills digest for the Defence Trade Controls Amendment Bill 2024:
The Bill removes the need for permits to trade in goods, technology and services within the scope of the Defence Strategic Goods List (DSGL) within Australia and with the US and UK.
The Bill is in part designed to provide reciprocal frameworks for information and technology security to underpin the AUKUS partnership. The US requirements for reciprocity are expressed in the National Defense Authorisation Act for Fiscal Year 2024 (US).
Three new offences are proposed in the Bill and will expand the criminal liability currently imposed by the Defence Trade Controls Act (DTC Act):
Supplying DSGL technology in Australia to a foreign person
Supplying DSGL goods or DSGL technology outside Australia or to a foreign person in certain circumstances and
Providing DSGL services without a permit or in contraventions of permit conditions.
Each of the offences has detailed exceptions to permit free trade in goods, technology and services within the AUKUS partnership.
The offences in the Bill interact with the concept of a foreign work authorisation in the Defence Amendment (Safeguarding Australia’s Military Secrets) Bill 2023 and there appears to be significant overlap with respect to DSGL services.
Universities and industry generally support the loosening of trade controls with the US and UK.
Some defence industry participants and universities expressed concern during the brief consultation period on the Exposure Draft of the Bill that the proposed provisions might stifle trade, education, research and innovation with countries other than the UK and US.
Votes Passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (100% turnout) | 0 Yes – 11 No | |
| Penny Allman-Payne Queensland | No | |
| Dorinda Cox WA | No | |
| Mehreen Faruqi NSW | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Barbara Pocock SA | No | |
| Janet Rice Victoria | No | |
| David Shoebridge NSW | No | |
| Jordon Steele-John WA | No | |
| Larissa Waters Queensland | No | |
| Peter Whish-Wilson Tasmania | No | |
| Australian Labor Party (79% turnout) | 19 Yes – 0 No | |
| Tim Ayres NSW | Yes | |
| Catryna Bilyk Tasmania | Yes | |
| Carol Brown Tasmania | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Raff Ciccone Victoria | Yes | |
| Don Farrell SA | Yes | |
| Katy Gallagher ACT | Yes | |
| Nita Green Queensland | Yes | |
| Karen Grogan SA | Yes | |
| Fatima Payman WA | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Tony Sheldon NSW | Yes | |
| Marielle Smith SA | Yes | |
| Glenn Sterle WA | Yes | |
| Jana Stewart Victoria | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Jess Walsh Victoria | Yes | |
| Murray Watt Queensland | Yes | |
| Varun Ghosh WA | Absent | |
| Jenny McAllister NSW | Absent | |
| Malarndirri McCarthy NT | Absent | |
| Deborah O'Neill NSW | Absent | |
| Penny Wong SA | Absent | |
| Jacinta Nampijinpa Price NT Country Liberal Party | Absent | |
| Andrew McLachlan SA Deputy President | Absent | |
| David Pocock ACT Independent | Yes | |
| David Van Victoria Independent | Yes | |
| Lidia Thorpe Victoria Independent | No | |
| Jacqui Lambie Network (100% turnout) | 2 Yes – 0 No | |
| Jacqui Lambie Tasmania | Yes | |
| Tammy Tyrrell Tasmania | Yes | |
| Liberal National Party (0% turnout) | Absent | |
| Matthew Canavan Queensland | Absent | |
| James McGrath Queensland | Absent | |
| Liberal Party (22% turnout) | 5 Yes – 0 No | |
| Claire Chandler Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Hollie Hughes NSW | Yes | |
| Matt O'Sullivan WA | Yes | |
| Dean Smith WA | Yes | |
| Alex Antic SA | Absent | |
| Wendy Askew Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Andrew Bragg NSW | Absent | |
| Slade Brockman WA | Absent | |
| Michaelia Cash WA | Absent | |
| Richard Colbeck Tasmania | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| Sarah Henderson Victoria | Absent | |
| Jane Hume Victoria | Absent | |
| Maria Kovacic NSW | Absent | |
| Kerrynne Liddle SA | Absent | |
| James Paterson Victoria | Absent | |
| Gerard Rennick Queensland | Absent | |
| Linda Reynolds WA | Absent | |
| Anne Ruston SA | Absent | |
| Paul Scarr Queensland | Absent | |
| Dave Sharma NSW | Absent | |
| National Party (0% turnout) | Absent | |
| Ross Cadell NSW | Absent | |
| Perin Davey NSW | Absent | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (0% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Sue Lines WA President | Absent | |
| Ralph Babet Victoria United Australia Party | Absent | |
| Totals (53% turnout) | 28 Yes – 12 No |
Turnout is the percentage of members eligible to vote that did vote.