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ARTICLE · 07 MAY 2024

Safeguarding Australia's Military Secrets Act – Implications for defence industry

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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New laws aim at ensuring Australia's military secrets are not passed on to foreign militaries

AustraliaGovernment, Public Sector

The Defence Amendment (Safeguarding Australia's Military Secrets) Act 2024 (Cth) (SAMS Act) commenced on 6 May 2024 and is aimed at ensuring Australia's military secrets are not passed on to foreign militaries

Overview of the SAMS Act

The SAMS Act's primary purpose is to protect Australia's military techniques, tactics and procedures. It takes a prescriptive approach by implementing new restrictions and penalties on Australian citizens and permanent residents with Defence knowledge who wish to or currently do work for foreign governments and military organisations.

This, combined with the recent major changes to the Defence Trade Controls Act 2012 (Cth) (DTC Act), emphasise the need for defence industry organisations and personnel to seek appropriate advice about their security and trade controls obligations.

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