Ex-ADF members face jail for training foreigners without authorisation

Former ADF personnel who train foreign forces or work for other nations without approval will face jail terms of up to 20 years under new legislation.

Former US marine pilot Daniel Duggan is fighting a US attempt to extradite him for allegedly training Chinese aviators.

Former Australian Defence Force personnel who train foreign forces without approval will face jail terms of up to 20 years under new legislation to be introduced into parliament on Thursday.

The proposed new law to prevent the disclosure of sensitive Defence information comes amid allegations that Australian citizen and former “Top Gun” aviator Daniel Duggan helped to train Chinese fighter pilots.

Once passed it will require former ADF personnel and Defence public servants to obtain authorisation to work for foreign militaries or governments.

Those seeking to work for Australia’s Five Eyes allies – the US, UK, New Zealand and Canada – will be exempt from having to secure permission under the legislation.

The move comes as the US and UK seek assurances that Australia is able to protect military secrets shared under the AUKUS alliance, including those related to nuclear submarines, new missile systems, quantum computing and artificial intelligence.

The new legislation will extend existing laws that prevent the sharing of Defence secrets, applying them to those who seek “to perform work” for foreign powers, or “provide training in relation to military techniques or controlled military items”.

Those who fail to abide by the provisions face 20 years sentences, while those who contravene authorisation conditions will be liable for five year jail terms.

Defence Minister Richard Marles will tell parliament that the importance of safeguarding the nation‘s sensitive military secrets “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,” Mr Marles will say, according to an extract of his speech.

He will argue the change is not intended to prevent Australians from working overseas or with all foreign governments.

“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 will say.

Decisions on whether to grant authorisations under the framework will be made by the Defence Minister, who will consider the type of work the applicant performed for Defence and their access to confidential information.

The length of their service, the type of work they intend to undertake, and the foreign country they intend to work for will also be considered.

Mr Duggan, a former US Marine Corps member, was arrested in the NSW city of Orange, October 21 last year, three days after British media reported up to 30 RAF pilots had gone to China to train military pilots in return for big salaries.

Former US Marine Corps pilot and Australian citizen Daniel Duggan.

He is fighting US efforts to extradite him on conspiracy and money laundering charges arising from his alleged training of Chinese fighter pilots at a South African flight school more than a decade ago.

The US alleges Mr Duggan’s training breached US laws related to the exporting of defence services.

Mr Duggan, who is being held at the Lithgow Correctional Centre, denies any wrongdoing, and his supporters say the pilots he trained were civilians.

His wife Saffrine, who has six children with Mr Duggan, said they would “fight this terrible injustice”.

“Not only are we standing up for a loving husband, a father, and a friend – we’re standing up for Australian sovereignty,” she said in July.

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