On 27 March 2024, the Australian Parliament passed the Safeguarding Australia’s Military Secrets (SAMS) Act 2024 and the Defence Trade Controls (DTC) Amendment Act 2024 in support of Australia's efforts to implement the AUKUS partnership.

These Acts will significantly impact members employing former defence personnel and/or supplying defence products and services or civilian products with potential dual use for defence purposes.

The Safeguarding Australia’s Military Secrets (SAMS) Act 2024 will regulate the work of former ADF and APS Defence staff, as well as Australian citizens and permanent residents, and may necessitate variations to employment agreements. 

The Defence Trade Controls (DTC) Amendment Act 2024 will put additional export controls on supplying Defence and Strategic Goods List (DSLG) goods and services with strict and absolute liability for offences. 

Both regimes have tight timelines for permit applications and compliance.

Update 13 May 2024:

The SAMS legislation started on 6 May 2024. Individuals working for a foreign military organisation or government body should assess if they need a foreign work authorisation.

Those needing a foreign work authorisation must submit their request by 7 August 2024, aligning with the legislation's offence provisions. Once a request is submitted, an individual can work until they receive the outcome of their request.

After 7 August 2024, individuals already working for a foreign military organisation or government body, who have not submitted a request, may be committing an offence under the legislation.