DEFENCE (ROAD TRANSPORT LEGISLATION EXEMPTION) BILL 2005

Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 ii

Contents

1 Short

title...........................................................................................1

2 Commencement.................................................................................1

3 Definitions.........................................................................................2

4 Definition

road transport law .......................................................2

Exemption from State and Territory road transport laws for

defence-related purposes--Australian Defence Force.......................3

Exemption from State and Territory road transport laws--

armed forces of foreign countries......................................................4

Application of the Defence Act 1903.................................................5

Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 1

A Bill for an Act to provide for members of the

Australian Defence Force and others to be exempt

from State and Territory road transport laws in

certain circumstances, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Defence (Road Transport Legislation

Exemption) Act 2005.

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

Section 3

2 Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005

3 Definitions

In this Act:

Australian Transport Council has the meaning given by section 4

of the National Transport Commission Act 2003.

defence civilian has the meaning given by subsection 3(1) of the

Defence Force Discipline Act 1982.

defence contractor has the same meaning as in the Exemption

Framework.

defence employee has the same meaning as in the Exemption

Framework.

defence vehicle has the same meaning as in the Exemption

Framework.

Exemption Framework means the Australian Defence Force Road

Transport Exemption Framework referred to in clause 20 of the

Intergovernmental Agreement and endorsed by the Australian

Transport Council on 18 November 2005, and includes that

Framework as amended from time to time.

Note:

The Exemption Framework is published on the National Transport

Commission's website.

Intergovernmental Agreement means the Agreement as defined in

section 4 of the National Transport Commission Act 2003.

road transport law means a law of a State or Territory to which

section 4 applies.

specific engineering exemption, in relation to a defence vehicle,

means an exemption of that kind that the vehicle has under the

Exemption Framework.

4 Definition of road transport law

(1) This section applies to a law of a State or Territory:

(a) to the extent that the law relates to the use of vehicles in a

place to which the Exemption Framework applies; or

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Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 3

(b) if regulations made for the purposes of this paragraph declare

that this section applies to the law.

(2) This section does not apply to a law of a kind referred to in

paragraph (1)(a) if regulations made for the purposes of this

subsection declare that this section does not apply to the law.

(3) In this section:

law means a written law of a State or Territory, and includes:

(a) subordinate legislation; and

(b) a provision of a law.

5 Exemption from State and Territory road transport laws for

defence-related purposes--Australian Defence Force

(1) The following persons:

(a) the Australian Defence Force;

(b) members of the Australian Defence Force;

(c)

defence

civilians;

are exempt from State and Territory road transport laws in respect

of anything done or omitted to be done in connection with one or

more defence-related purposes, if the thing is done, or omitted to

be done, as required or permitted by the Exemption Framework.

Note:

Road transport law is defined by section 4.

(2) A defence contractor or defence employee is exempt from State

and Territory road transport laws if:

(a) the defence contractor or defence employee is operating a

defence vehicle that has a specific engineering exemption;

and

(b) the operation of the defence vehicle is in connection with one

or more defence-related purposes;

but only to the extent of the matters to which the specific

engineering exemption relates.

(3) For the purposes of this section, a defence-related purpose is a

purpose related to any of the following:

(a) the defence of Australia;

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4 Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005

(b) the security of Australia;

with the defence of Australia;

(d) the operation of the Australian Defence Force in connection

with the security of Australia;

(e) the operation of the Australian Defence Force in making

preparations for the defence of Australia;

(f) the management of an emergency or disaster (whether natural

or otherwise), where that management involves the

Australian Defence Force;

(g) the provision by the Australian Defence Force of civil aid,

humanitarian assistance, medical relief or civil emergency or

disaster relief;

(h) the operation of the Australian Defence Force in connection

with a peacekeeping or peace enforcement activity;

(i) the operation of the Australian Defence Force in connection

with an activity carried out under the auspices of the United

Nations;

(j) the operation of the Australian Defence Force in assisting an

agency or authority of the Commonwealth, of a State or

Territory, or of a foreign government in connection with a

matter affecting the defence interests of Australia;

(k) the operation of the Australian Defence Force in assisting an

agency or authority of the Commonwealth, of a State or

Territory, or of a foreign government in connection with the

security of Australia;

(l) the operation of the Australian Defence Force in connection

with the protection of the interests of the Commonwealth or

of a State or Territory from domestic violence, if the State or

Territory has applied for that protection;

(m) the provision by the Australian Defence Force of support to

community activities of national or international significance.

6 Exemption from State and Territory road transport laws--armed

forces of foreign countries

The armed forces of a foreign country, and the members of those

armed forces, are exempt from State and Territory road transport

Section 7

Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 5

laws in respect of anything done or omitted to be done in

connection with operations of those armed forces, if the thing is

done, or omitted to be done:

(a) in accordance with an arrangement approved by the

Australian Defence Force; and

(b) as required or permitted by the Exemption Framework.

Note:

Road transport law is defined by section 4.

7 Application of the Defence Act 1903

(1) Subject to subsection (2), this Act does not limit the operation of

the Defence Act 1903.

(2) Subsection 123(1) of the Defence Act 1903 does not apply to:

(a) a permission (whether in the form of a licence or otherwise)

that a State or Territory road transport law would require a

member of the Australian Defence Force to have:

(i) to use, or to have in his or her possession, a vehicle or

other thing belonging to the Commonwealth; or

(ii) to do anything in the course of his or her duties as a

member of the Australian Defence Force; or

(b) a requirement under a State or Territory road transport law

that a member of the Australian Defence Force register a

vehicle or other thing belonging to the Commonwealth;

to the extent that the Exemption Framework makes provision in

relation to such a permission or requirement.

Commonwealth of Australia Bills

DEFENCE (ROAD TRANSPORT LEGISLATION EXEMPTION) BILL 2005