115CGrant of foreign work authorisation

115C  Grant of foreign work authorisation

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:

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

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.