Foreign work restricted individuals

This Part regulates the work that former defence staff members may perform. They are called foreign work restricted individuals.

A foreign work restricted individual must not perform work for, or on behalf of, a military organisation, or government body, of a relevant foreign country if the individual does not hold a foreign work authorisation for the work and no other exception applies.

Other individuals

An individual, other than a foreign work restricted individual, must not provide training of the following kind to, or on behalf of, a military organisation, or government body, of a relevant foreign country if the individual does not hold a foreign work authorisation for the training and no other exception applies:

  (a)   training relating to goods, software or technology within the scope of Part   1 of the Defence and Strategic Goods List;

  (b)   training relating to military tactics, military techniques or military procedures.

Relevant foreign countries

The Minister may make a legislative instrument to exclude a foreign country from being a relevant foreign country.

Foreign work authorisations

An individual may request a foreign work authorisation. The Minister must grant or refuse the authorisation. The Minister must refuse the authorisation if the Minister reasonably believes that the work or training by the individual would prejudice the security, defence or international relations of Australia.

If a foreign work authorisation is granted to an individual, the authorisation may be granted subject to conditions and may be cancelled, suspended or varied.

An individual must be given an opportunity to make a written statement before the Minister makes certain adverse decisions about foreign work authorisations.

An individual may seek merits review of certain decisions made under this Part.