Australia will tighten laws to stop leaking of military secrets

The federal government will develop new laws to ensure it is illegal for current and former Australian Defence Force personnel to provide military secrets to foreign powers such as China.

Defence Minister Richard Marles commissioned a review last year from the Australian Federal Police and ASIO after reports emerged that China had approached former Australian and British fighter pilots to provide training to Chinese personnel.

Defence Minister Richard Marles.Credit:Alex Ellinghausen

Marles said on Wednesday he had received the classified ASIO-AFP report and would soon introduce legislation to ensure foreign governments cannot access Australia’s military secrets.

“This is obviously a concerning set of circumstances, and we need to make sure we have the most robust policies in place,” Marles told 2GB radio on Wednesday morning.

“It matters that Australia’s secrets are maintained.”

Marles declined to confirm whether China had tried to lure former ADF pilots to provide military training.

While he said Australia already has “robust policies and laws in place” regarding the protection of military secrets, the review found they need to be tightened.

The new legislation would “remove any doubt about the breadth of secrets that need to be maintained” when former Australian military personnel interact with foreign governments, Marles said.

Opposition defence spokesman Andrew Hastie welcomed the prospect of fresh legislation but questioned why the government had taken four months to act since initial reports emerged of Australian fighter pilots being approached by Chinese interests to train China’s People’s Liberation Army.

“Our national military secrets – including tactics, techniques and procedures – are not for sale,” Hastie said.

“Former ADF personnel who have served in classified and sensitive capabilities should be prohibited from working for a foreign power.”

The new laws come after Australian citizen Daniel Duggan, a former US Marine pilot, was arrested by the Australian Federal Police in October at the request of US authorities who accuse him of helping to train Chinese military pilots to fly fighter jets.

Duggan, who served in the US Marine Corps between 1989 and 2002 before moving to Australia, denies the allegation and has accused the United States government of trying to make a political example of him.

Attorney-General Mark Dre­y­fus in December complied with Washington’s extradition request for Duggan, meaning he will need to be handed over unless his lawyers can establish that the extradition would be unlawful.

Duggan, who has been imprisoned for more than 100 days, has been indicted in the US on charges including conspiracy to unlawfully export defence services to China, conspiracy to launder money and violating the arms export control act.

With Anthony Galloway

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