australia’s unmanned aerial systems policy key...

SB14-000070 21 February 2014 Version 02

SENATE ESTIMATES BRIEF

Group Brief DEPSEC Strategy pack

AUSTRALIA’S UNMANNED AERIAL SYSTEMS POLICY

Key Facts

FOI 065/17/18 Serial 1

If asked about: Pine Gap’s role in United States’ “drone programs”?It is the established practice of successive Australian Governments not to comment on intelligence matters.

If asked about: Armed UAS Defence intends to analyse the merit of additional future investment in UAS, to include the potential acquisition of armed UAS able to carry out interdiction and close air support. Any decision to acquire armed UAS will be subject to the mandated set of legal and policy considerations applied to other weapons systems. These issues will be further considered during the development of the next Defence White Paper. An important principle is the primacy of human decision-making in the employment of military force. Regardless of the type of capability deployed, ADF personnel use force in accordance with targeting direction and guidance that is compliant with the Laws of Armed Conflict. The Laws of Armed Conflict (also known as international humanitarian law) include the principles of military necessity, proportionality and distinction. They provide the framework for Australia’s rules of engagement on operational deployments.

AUTHORISED BY: CONTACT OFFICER: Peter Baxter Matt Ramage Deputy Secretary Strategy Acting Assistant Secretary Strategic

Policy Date: Date: 29 January 2014

Angus A/First Assistant Secretary Strategic Policy Date:

CONSULTED WITH: Air Force Headquarters Defence Legal Defence White paper Capability Development Group

Regardless of the type of capability deployed, ADF personnel use force in accordance with targeting direction and guidance that is compliant with the Laws of Armed Conflict. The Laws of Armed Conflict (also known as international humanitarian law) include the principles of military necessity, proportionality and distinction. Where Australia is involved in armed conflict, Theythese principles provide the framework basis for Australia’s rules of engagement on operational deployments.

AUTHORISED BY: CONTACT OFFICER: Peter Baxter Matt Ramage Deputy Secretary Strategy Acting Assistant Secretary Strategic

Policy Date: Date: 29 January 2014 Angus A/First Assistant Secretary Strategic Policy Date: CONSULTED WITH: Air Force Headquarters Defence Legal Defence White paper Capability Development Group

QB14-000279

If asked: Is Joint Defence Facility Pine Gap’s intelligence support for US and allied military operations subject to full knowledge and concurrence by the Australian Government?

Yes, all activities undertaken at Joint Defence Facility Pine Gap are subject to the full knowledge and concurrence of the Australian Government.

If asked: about Pine Gap’s role in United States’ “drone programs”?

Australia works with the intelligence agencies of our close ally and closest partners to protect our country from threats such as terrorism.

All such activities are conducted in accordance with Australian law.

Consistent with long standing practice, the Government does not comment on intelligence matters.

QB14-000279

Point of ContactInternational Policy: Mr Chris Birrer, A/FASIP, (w) 6265 2526 (m)I&S:Clive Lines, Deputy Director ASD (w) 6144 3459 Departmental information valid as at: 23 May 2014

SB15-000594 19/09/2017 Version 1.0

Joint Defence Facility Pine Gap’s role in United States’ UAV operations

Consistent with longstanding practice, the Government does not comment on intelligence matters.

SB15-000594 19/09/2017 Version 1.0

SB15-000920 21 January 2016 Version 1.0

If asked: What is Joint Defence Facility Pine Gap’s role in United States’ UAV (‘drone strike’) operations?

If asked: Do any intelligence transfers with the US or other activities at Pine Gap violate domestic or international law?

All activities at Pine Gap are conducted in accordance with the law.

All activities are also subject to the full knowledge and concurrence of the Australian Government

FOR OFFICIAL USE ONLY

Information valid as at: 07 March 2016

FOR OFFICIAL USE ONLY QB16-000084

Response to recent media reporting on the activities of Pine Gap

I am aware of recent media reporting.

What is ‘full knowledge and concurrence’?

Full knowledge and concurrence is an expression of Australian sovereignty.

It is a reflection of the Australian Government’s fundamental right to know and approve or deny the activities that foreign governments propose to conduct in, through or from Australian territory or national assets.

Pine Gap’s role in the United States’ “drone programs”?

Australia works with the intelligence agencies of our close ally and closest partners to protect our country from threats such as terrorism.

All such activities are conducted in accordance with Australian law.

Information valid as at: 07 March 2016

Point of Contact Mr Chris Birrer, A/FASSP (w) 6265 1883 (m)Departmental information valid as at: 07 March 2016.

SB15-000920 22 April 2016 Version 1.0

If Asked: What is Joint Defence Facility Pine Gap’s role in United States’ UAV (‘drone strike’) operations?

SB15-000920 22 April 2016 Version 1.0

If Asked: Do any intelligence transfers with the US or other activities at Pine Gap violate domestic or international law?

All activities at Pine Gap are conducted in accordance with the law. All activities are also subject to the full knowledge and concurrence of the Australian Government.

SB15-000920 22 April 2016 Version 1.0

On 26 June 2013, former Minister for Defence Stephen Smith updated the Parliament on the joint facilities and on the policy of full knowledge and concurrence which governs the operations of these facilities.

FOR OFFICIAL USE ONLY 1

JOINT DEFENCE FACILITY PINE GAP

ISSUE:

Activities at Joint Defence Facility Pine Gap are highly classified and are subject to public speculation and misinformation. All activities are subject to the full knowledge and concurrence of the Australian Government.

KEY POINTS:

Activities at Pine Gap are managed to ensure they are consistentwith Australia’s national interests.

All activities at Pine Gap are subject to the full knowledge andconcurrence of the Australian Government.

This reflects Australia’s fundamental right to know what activitiesforeign governments conduct in, through or from Australian territory or national assets.

All activities are conducted in accordance with Australian law.

Pine Gap’s role in US drone programs

QB16-000084

Contact: Dr Michael Lankowski, Assistant Director Joint Facilities & Technical Programs, 6265 5745

Min ID: QB16-000084

Division: Strategic Policy

Cleared by: Mr Tom Hamilton, First Assistant Secretary Strategic Policy, 6265 1883

Created:

Updated: 4 October 2016 9:06 AM

SB16-000584 11 October 2016 Version 1.0

All activities supported by Pine Gap are subject to the Full Knowledge and Concurrence of the Australian Government, to ensure they are consistent with Australia’s national interests. The requirement for Full Knowledge and Concurrence is applied to all foreign government activities conducted in, through or from Australian territory or national assets.

o This reflects Australia’s fundamental right to know what activities foreign governments conduct in Australia and to approve or deny those activities.

The most recent ministerial statement on Full Knowledge and Concurrence was delivered to Parliament on 26 June 2013. The joint nature of Pine Gap is underpinned by the integration of Australians in key positions and Australia’s full access to the capabilities and communications of the facility. The Australian Government also receives regular briefs and reviews of activities as appropriate. All activities at Pine Gap are conducted in accordance with Australian law.

If asked: What is Pine Gap’s role in US ‘drone strike’ operations?

FOI 065/17/18 Serial 10

AUTHORISED BY: CONTACT OFFICER: Rebecca Skinner Nick Post Deputy Secretary Strategic Policy and Intelligence

Assistant Secretary Intelligence Policy

Date: 11 October 2016 Date: 11 October 2016

Tom Hamilton First Assistant Secretary Strategic Policy Date: 11 October 2016

CONSULTED WITH: Mr Derek Dalton, Acting Deputy Director Intelligence, ASD

FOI 065/17/18 Serial 10

BACKGROUND

Pine Gap

All activities supported by Pine Gap are subject to the full knowledge and concurrence of the Australian Government, to ensure they are consistent with Australia’s national interests.

FOI 065/17/18 Serial 10

SENATEQUESTION

QUESTION NUMBER: 226

Senator Lee Rhiannon asked the Attorney-General, upon notice, on 16 November 2016:

With reference to the United States' 'drone assassination program', which targets the nationals of countries with whom Australia is not at war and is facilitated through Pine Gap: (1) Is the 'drone assassination program' legal under international law, and can the legal references informing the response beprovided.(2) Has the Australian Government considered or been provided with advice regarding whether the program is legal underinternational law; if so, can details of any consideration or advice be provided.(3) If the above 'drone assassination program' is illegal under international law, is the Government aware of any legalarguments that could support the notion that the Australian Government and the people of Australia could be complicit inillegal acts for hosting the Pine Gap Joint Defence Facility, and has the Government considered this question previously; if so,can details be provided.

Senator Brandis – The answer to the honourable senator’s question is as follows:

The Government is confident that Australia’s security and defence cooperation with the United States enhances Australia’s national security and occurs in a manner that is consistent with our obligations under international law. Consistent with longstanding practice, the Government does not comment on intelligence matters or on legal advice provided to the Government.

FOI 065/17/18 Serial 11

ISSUE:

KEY POINTS:

FOI 065/17/18 Serial 12

Contact: Dr Michael Lankowski, Acting Director Joint Facilities & Technical Programs, 6265 5745

Min ID: QB16-000084

Division: Strategic Policy

Cleared by: Mr Tom Hamilton, First Assistant Secretary Strategic Policy, 02 6265 1883, M:

Created:

Updated: 16 August 2017 3:36 PM

FOI 065/17/18 Serial 12

SENATEQUESTION

QUESTION NUMBER: 226

Senator Lee Rhiannon asked the Attorney-General, upon notice, on 16 November 2016:

With reference to the United States' 'drone assassination program', which targets the nationals of countries with whom Australia is not at war and is facilitated through Pine Gap:(1) Is the 'drone assassination program' legal under international law, and can the legal references informing the response be provided.(2) Has the Australian Government considered or been provided with advice regarding whether the program is legal under internationallaw; if so, can details of any consideration or advice be provided.(3) If the above 'drone assassination program' is illegal under international law, is the Government aware of any legal arguments that couldsupport the notion that the Australian Government and the people of Australia could be complicit in illegal acts for hosting the Pine GapJoint Defence Facility, and has the Government considered this question previously; if so, can details be provided.

Senator Brandis � The answer to the honourable senator�s question is as follows:

FOI 065/17/18 Serial 13

FOI 065/17/18 Serial 14

All activities supported by Pine Gap are subject to the Full Knowledge and Concurrence of the Australian Government, to ensure they are consistent with Australia’s national interests. The requirement for Full Knowledge and Concurrence is applied to all foreign government activities conducted in, through or from Australian territory or national assets.

The most recent ministerial statement on Full Knowledge and Concurrence was delivered to Parliament on 26 June 2013. The joint nature of Pine Gap is underpinned by the integration of Australians in key positions and Australia’s full access to the capabilities and communications of the facility. The Australian Government also receives regular briefs and reviews of activities as appropriate from the US Government. All activities at Pine Gap are conducted in accordance with Australian law.

If asked: What is Pine Gap’s role in US ‘drone strike’ operations?

FOI 065/17/18 Serial 15

AUTHORISED BY: CONTACT OFFICER: Tom Hamilton Nick Post First Assistant Secretary Strategic Policy

Assistant Secretary Intelligence Policy

Date: 11 October 2016 Date: 13 January 2017

FOI 065/17/18 Serial 15

BACKGROUND

Pine Gap

FOI 065/17/18 Serial 15

JOINT DEFENCE FACILITY PINE GAP ISSUE:

KEY POINTS:

FOI 065/17/18 Serial 16

Contact: Mr Paul Main, Acting Assistant Secretary Intelligence Policy,6127 7219

Min ID: QB16-000084 Division: Strategic Policy

Cleared by: Mr Tom Hamilton, First Assistant Secretary Strategic Policy, 62651883

Created: 2016 Updated:16 January 2017 1630

FOI 065/17/18 Serial 16

Full Knowledge and Concurrence All activities supported by Pine Gap are subject to the Full Knowledge and Concurrence of the Australian Government, to ensure they are consistent with Australia’s national interests. The requirement for Full Knowledge and Concurrence is applied to all foreign government activities conducted in, through or from Australian territory or national assets.

The joint nature of Pine Gap is underpinned by the integration of Australians in key positions and Australia’s full access to the capabilities and communications of the facility. The Australian Government also receives regular briefs and reviews of activities as appropriate from the US Government. All activities at Pine Gap are conducted in accordance with Australian law.

What is Pine Gap’s role in US ‘drone strike’ operations? Does it make Australia complicit in acts that are illegal under international law?

Consistent with longstanding practice, the Government does not comment on intelligence matters. The Government is confident that Australia’s defence cooperation with the United States occurs in a manner that is consistent with our obligations under international law.

FOI 065/17/18 Serial 17

CERTIFIED AND AUTHORISED BY: I certify that this brief is accurate, current, unclassified and relevant.

CONTACT OFFICER:

Samantha Higgins Michael Lankowski Acting/First Assistant Secretary Strategic Policy

Director Joint Facilities and Technical Programs

Date: 27 April 2017 Date:26 April 2017

FOI 065/17/18 Serial 17

BACKGROUND

Pine Gap

FOI 065/17/18 Serial 17

Allegations regarding Pine Gap’s involvement with US drone strikes

On 26 June 2013, former Minister for Defence Stephen Smith updated the Parliament on the joint facilities and on the policy of full knowledge and concurrence which governs the operations of these facilities.

FOI 065/17/18 Serial 17

ISSUE:

FOI 065/17/18 Serial 18

Activities at Pine Gap are managed to ensure they are consistent with Australia’s national interests.

All activities at Pine Gap are subject to the full knowledge and concurrence of the Australian Government.

This reflects Australia’s fundamental right to know what activities foreign governments conduct in, through or from Australian territory or national assets.

FOI 065/17/18 Serial 18

Contact: Dr Nick Post, Assistant Secretary Intelligence Policy, 6265 1806

Cleared by: Ms Samantha Higgins, Acting First Assistant Secretary Strategic Policy, 6265 1883

Created: 2016 Updated: 12 April 2017 0946

FOI 065/17/18 Serial 18

ISSUE:

KEY POINTS:

FOI 065/17/18 Serial 19

Consistent with long-standing practice, the Government does not comment on intelligence matters.

FOI 065/17/18 Serial 19

Contact: Dr Nick Post, Assistant Secretary Intelligence Policy, 6265 1806

Cleared by: Mr Tom Hamilton, First Assistant Secretary Strategic Policy,6265 1883

Created: 2016 Updated: 26 July 2017, 0845

FOI 065/17/18 Serial 19

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