Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 115C

Request for authorisation

  (1)   An individual may make a request to the Minister for an authorisation under this section.

  (2)   However, an individual cannot make a request for an authorisation if:

  (a)   in relation to Division   2--the individual made, within the last 12 months, a request for an authorisation to perform the same work for, or on behalf of, the same military organisation, or government body, of a relevant foreign country; or

  (b)   in relation to Division   3--the individual made, within the last 12 months, a request for an authorisation to provide the same training to, or on behalf of, the same military organisation, or government body, of a relevant foreign country.

  (3)   A request made under subsection   (1) must:

  (a)   be in writing; and

  (b)   be in the form approved by the Secretary under subsection   (13); and

  (c)   contain the information, and be accompanied by any documents, that the form requires.

Note:   An individual may commit an offence if the individual provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code ).

Granting, or refusing to grant, an authorisation

  (4)   The Minister must, in writing and as soon as reasonably practicable after an individual makes a request under subsection   (1):

  (a)   grant the individual an authorisation (a foreign work authorisation ) to:

  (i)   perform specified work for, or on behalf of, a specified military organisation, or a specified government body, of a specified relevant foreign country; or

  (ii)   provide specified training to, or on behalf of, a specified military organisation, or a specified government body, of a specified relevant foreign country; or

  (b)   refuse to grant the individual an authorisation under this section.

Note:   The Minister must give the individual written notice before refusing to grant the individual an authorisation or before granting an authorisation that is different from the authorisation requested (see section   115J).

  (5)   In deciding whether to grant the individual a foreign work authorisation under this section for the purposes of Division   2, the Minister must consider the following:

  (a)   the kind of work, and the role, performed by the individual as a defence staff member;

  (b)   any other kind of work, that the Minister is aware of, performed by the individual other than as a defence staff member;

  (c)   the length of time that the individual was a defence staff member;

  (d)   the kind of information accessed by the individual while a defence staff member;

  (e)   the kind of work the individual would perform if the authorisation were granted;

  (f)   the military organisation, or the government body, of the foreign country for which, or on behalf of which, the individual would perform that work if the authorisation were granted.

  (6)   In deciding whether to grant the individual a foreign work authorisation under this section for the purposes of Division   3, the Minister must consider the following:

  (a)   the kind of training the individual would provide if the authorisation were granted;

  (b)   the military organisation, or the government body, of the foreign country to which, or on behalf of which, the individual would provide that training if the authorisation were granted.

  (7)   Subsection   (5) or (6) does not limit the matters the Minister may consider in deciding whether to grant an authorisation under this section.

  (8)   The Minister must refuse to grant the individual an authorisation under this section if the Minister reasonably believes that the performance of the work, or the provision of the training, by the individual would prejudice the security, defence or international relations of Australia.

  (9)   Subsection   (8) does not limit the grounds on which the Minister may refuse to grant an authorisation under this section.

Notice

  (10)   If the Minister grants an individual an authorisation under this section:

  (a)   the Minister must give the individual a copy of the authorisation, which must specify the period the authorisation is in force (which must be no longer than 3 years); and

  (b)   if the authorisation is different from the authorisation requested by the individual or is granted subject to conditions--the Minister must give the individual written notice setting out the reasons for this and the individual's review rights under sections   115K and 115L.

Note:   Section   115M deals with disclosing reasons for decisions.

  (11)   If the Minister refuses to grant an individual an authorisation under this section, the Minister must give the individual written notice of the refusal. The notice must:

  (a)   include the reasons for the refusal; and

  (b)   set out the individual's review rights under sections   115K and 115L.

Note:   Section   115M deals with disclosing reasons for decisions.

Conditions

  (12)   The Minister may grant an individual an authorisation under this section subject to any conditions specified in the authorisation.

Note:   The Minister must give the individual written notice before granting an authorisation subject to conditions (see section   115J).

Approved form

  (13)   The Secretary may, in writing, approve a form for the purposes of paragraph   (3)(b). The Secretary must cause the form to be published on the Department's website.