Ex-ADF personnel and staff must seek approval to work for foreign militaries or governments under new laws

Former Australian defence members face up to 20 years’ jail if they work for a foreign military or government without approval, under new laws to protect our security secrets.

Former Australian defence personnel face up to 20 years’ imprisonment if they work a foreign military or government without authorisation under new laws to protect the nation’s security “secrets”, in the wake of China’s attempts to recruit our war pilots.

Only working for Five Eyes countries – the US, UK, New Zealand and Canada – would be exempted under a new “Safeguarding Australia’s Military Secrets” legislation being introduced to parliament by Defence Minister Richard Marles on Thursday.

Any Australian who provided training in military techniques or use of weapons, missiles and other items to any other foreign army, government or government entity without approval would face up to 20 years imprisonment.

The Chinese Government reportedly tried to headhunt Australian war pilots to train its military in Western flying tactics. Picture: Vyacheslav Oseledko/AFP

The tough new laws come after The Advertiser first revealed an urgent investigation had been launched in October last year into claims Beijing was seeking to poach former Australian pilots to train its military in Western flying techniques.

At the same time the UK government launched efforts to block Chinese “recruitment schemes” targeting serving and former British pilots.

British media reported a number of Australian pilots had also been recruited on contracts worth $448,000 (GBP 250,000) per year.

China has tried to headhunt ex-war pilots from Western nations to train their military.

In November, Mr Marles confirmed information provided to him as a result of Australia’s investigation into the issue had confirmed there needed to be a more detailed examination into the “adequacy” of Defence policies to address the matter of protecting military secrets.

Mr Marles said the bill extended Australia’s “already robust legislation and policies” by establishing an authorisation framework to regulate work or training given to a foreign military or government.

“This authorisation framework is not intended to prevent Australians from working overseas or with all foreign governments or militaries,” he said.

Defence Minister Richard Marles will introduce the new laws to parliament on Thursday. Picture: NCA NewsWire / Martin Ollman

“Rather, our legislative intent is to prevent individuals with knowledge of sensitive Defence information from training or working for certain foreign militaries or governments where that activity would put Australia’s national security at risk.”

Mr Marles said the importance of protecting our nation’s secrets and sensitive information “cannot be overstated”.

“The protection of our nation’s secrets and sensitive information is central to preserving Australia’s national security and to keeping Australians safe,” he said.

Under the new laws a former Defence staff member may make a request to the Minister for an authorisation to either perform work with or provide training to a foreign military.

The framework for this request to be considered include the type of work and information the former employee had access to in Defence, the length of time they worked in the military, the type of work they were seeking to provide to a foreign military and the country for which they would be employed.