On 27 March 2024, the Australian Parliament enacted the Safeguarding Australia’s Military Secrets (SAMS) Act 2024 to support of Australia’s efforts to implement the AUKUS partnership. This legislation is in full effect as of 7 August 2024.

The SAMS Act 2024 regulates the activities of former Australian Defence Force (ADF) and Australian Public Service (APS) Defence staff, as well as Australian citizens and permanent resident.

All affected individuals seeking to work for or provide training to a foreign military organisation or government body must obtain a Foreign Work Authorisation before beginning their work.

Individuals that are already working and continue to work for a foreign military organisation or government body may be committing an offence under the legislation if they do not have a Foreign Work Authorisation.

Given the broad impact of this legislation on a diverse group of Australians, it is crucial to understand and address any legal obligations that may apply.