Australia is set to enact more stringent legislation aimed at preventing former defense personnel from providing training to "specific foreign military entities." These measures will introduce a penalty of up to 20 years of imprisonment and will broaden the prohibition to include Australians offering military instruction to nations perceived as posing a national security threat.
This clampdown comes in response to a series of cases involving former military pilots residing in Australia who were involved in training Chinese pilots at a South African flight school. The United States has alleged that these Chinese pilots are, in fact, members of the Chinese military.
Australia's "Five Eyes" intelligence allies, comprising the United Kingdom, the United States, New Zealand, and Canada, will be exempt from this new law, according to officials. Exemptions may also be granted if the defense minister authorizes the training, or if it pertains to humanitarian relief efforts or United Nations missions.
Individuals providing military training or tactics to a foreign military, government entity, hybrid civilian-military organizations, or state-owned enterprises without the defense minister's authorization could face penalties of up to 20 years in prison.
Defence Minister Richard Marles introduced this amendment in the Australian parliament, highlighting that the legislation was partially inspired by U.S. laws. It aims to reinforce existing Australian criminal laws that already prohibit the provision of military training to foreign governments. The primary objective is to prevent individuals with access to sensitive defense information from engaging in training or employment with foreign militaries or governments if such activity jeopardizes Australia's national security.
In a related case, a former U.S. Marine Corps pilot who had recently returned from China was arrested in Australia last year and faces extradition to the United States on charges of training Chinese military pilots at a South African flight school. The pilot, Daniel Duggan, remains in custody and denies any wrongdoing.
The Test Flying Academy of South Africa (TFASA) found itself on a U.S. trade blacklist in June for national security reasons, as it was alleged to have provided training to Chinese military pilots using Western and NATO sources. The flight training division of AVIC, a Chinese state-owned aviation and defense company that had partnered with TFASA, is also on the blacklist.
In November, Australian Federal Police raided the residence of TFASA's Chief Operating Officer, Keith Hartley, suspecting his involvement in organizing the training of Chinese military pilots delivered by the flight school. However, Hartley has not been charged and denies any wrongdoing.
The new law will also prohibit individuals from working for companies where a foreign government holds 50% of shares or where directors are expected to act in accordance with the wishes of the foreign government.