Foreign defence forces and weapons companies may be given power to override Australian laws
While the Albanese Government blocks any parliamentary inquiry into the Red Lines Package that would stop Australia from profiteering from genocide or war crimes, it is simultaneously passing legislation to brute-force an expansion of powers so military bases (and beyond) can be used by “trusted international partners” and the weapons industry without any interference.
Defence Minister Richard Marles introduced new legislation to Parliament yesterday that will allow Australian and foreign forces to override existing State and Territory laws. It also allows the Minister to declare new ‘defence areas’ and ‘defence security zones’.
The Defence Legislation Amendment (Accelerating Capability and Protecting Bases) Bill 2026 goes in the opposite direction of the crossbench’s Red Lines Package, putting the foot hard on the pedal to give freer rein to foreign military and defence ‘contractors.’
State and territory laws that could be switched off include cultural heritage, land rights, environmental legislation, laws relating to gun licensing, explosives, planning and building, workplace health and safety, dangerous goods, road transport laws, and state criminal offences. There is no exhaustive list.
I found a media release but zero media coverage.
The media release didn’t explain what the Bill does. If this is the first time you’ve heard of this Bill, that is why.
The Government says the legislation will make Australia safer by “enabling Defence, industry and trusted international partners to develop, test and introduce advanced capabilities more efficiently in Australia.”
It says it will support AUKUS pillars I and II, including developing cyber capabilities, artificial intelligence, quantum technologies, additional undersea capabilities, hypersonic and counter-hypersonic capabilities, electronic warfare, innovation, and information sharing.
IMPLICATIONS
No current framework to uphold international law or human rights
This legislation gives Australian and foreign militaries and contractors sweeping power. Australia has no enforceable regulation requiring such testing and development to align with its international legal obligations, a gap the Red Lines Package would help close. Instead, the Albanese Government outlined an unenforceable statement of intent earlier this year regarding AI and warfare. The coming National Standards on AI will not cover ‘defence’. Australia also has no human rights act, and this legislation even allows foreign militaries and contractors to breach some criminal law and collect Australian data for testing and development. The legislation limits the powers of the National Anti-Corruption Commission and the Ombudsman, with very weak oversight provisions and limited merits review.
US Developments worsening risk
The US Congress is set to pass legislation that has bipartisan support within the year that will merge the industrial bases of Israel and the US, in the same areas as AUKUS pillar II. The Australian Government has openly appealed to the US to use Australia’s industrial base.
Data Centres and the environment
The powers this legislation grants dovetail with the Government’s ambition for data centres and their need for protected land. The importance of these data centres to defence and national security is no secret, including AI’s importance to the Five Eyes’ transnational surveillance work.
Universities
The law will also likely cover Australian university academics and students drawn into this work, making it even harder to hold universities to account for their complicity in developing technology that enables companies and forces to commit war crimes.
Aboriginal land rights
It will make it harder for Aboriginal Traditional Owners to fight against the occupation, destruction or contamination of their land or water; or the use of their land to test technology or supply data that enables genocides overseas (eg. Pine Gap). The ‘First Nations factsheet’ provided with the legislation offers vague talking points that do not address land rights legislation.
TRAJECTORY FOR THE BILL
This new law, which gives Australian and foreign forces and defence contractors full override powers, will almost certainly pass with the Coalition and One Nation’s support.
CONTENTS OF THE BILL
I really encourage you to read through the full summary summary because there were too many significant points to condense in this post.
The 231-page Bill is comprehensive. It substantively amends 14 pieces of legislation: the Defence Act 1903, Criminal Code 1995, Marine Safety (Domestic Commercial Vessel) National Law Act 2012, Navigation Act 2012, Telecommunications (Interception and Access) Act 1979, Australian Federal Police Act 1979, Defence Regulations 2026, Explosives Act 1961, Explosives Regulations 2024, Freedom of Information Act 1982, National Anti-Corruption Commission Act 2022, Ombudsman Act 1976, Radiocommunications Act 1992 and Defence (Visiting Forces) Act 1963. It also repeals the Control of Naval Waters Act 1918 and the Defence (Special Undertakings) Act 1952, the Act that currently protects Pine Gap.
It defines a ‘defence official’ as a member of the Defence Force, public servant, ‘a consultant’ or ‘contractor’ engaged by Defence, or any individual ‘declared’ by the Secretary or Chief of the Defence Force to be undertaking activities for, or in support of, Defence.
It defines a ‘defence purpose’ very broadly. It includes “cooperation with foreign countries, foreign authorities or international bodies; and the provision of support by, or support to, foreign countries, foreign authorities or international bodies.”
It defines a ‘defence capability activity’ as any activity ‘reasonably necessary’ for, undertaken for, or in connection with, a defence purpose now or in the future. It includes ‘generating, preparing, researching, designing, procuring, developing, building, manufacturing, testing, evaluating, storing, maintaining, transporting, sustaining or disposing a capability’ for the Australian Government, a foreign country, a foreign authority or an international body. It also includes moving, stationing, training or preparing defence or foreign defence officials.
The Bill then empowers the Defence Minister to declare a ‘declared defence capability activity’, ‘declared conduct’, and the laws that will be overridden. The Minister can keep temporary declarations, which last up to 12 months, off the public Federal Register of Legislation if publishing them could prejudice defence or international relations. The Minister can delegate the power to make them to senior public servants and two-star officers.
posted by Satish Sharma at
13:54
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