Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


DEFENCE (ROAD TRANSPORT LEGISLATION EXEMPTION) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence (Road Transport Legislation
Exemption) Bill 2005
No. , 2005
(Defence)
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
Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 ii
Contents
1 Short
title...........................................................................................1
2 Commencement.................................................................................1
3 Definitions.........................................................................................2
4 Definition
of
road transport law .......................................................2
5
Exemption from State and Territory road transport laws for
defence-related purposes--Australian Defence Force.......................3
6
Exemption from State and Territory road transport laws--
armed forces of foreign countries......................................................4
7
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
1
Australian Defence Force and others to be exempt
2
from State and Territory road transport laws in
3
certain circumstances, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Defence (Road Transport Legislation
7
Exemption) Act 2005.
8
2 Commencement
9
This Act commences on the day on which it receives the Royal
10
Assent.
11
Section 3
2 Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005
3 Definitions
1
In this Act:
2
Australian Transport Council has the meaning given by section 4
3
of the National Transport Commission Act 2003.
4
defence civilian has the meaning given by subsection 3(1) of the
5
Defence Force Discipline Act 1982.
6
defence contractor has the same meaning as in the Exemption
7
Framework.
8
defence employee has the same meaning as in the Exemption
9
Framework.
10
defence vehicle has the same meaning as in the Exemption
11
Framework.
12
Exemption Framework means the Australian Defence Force Road
13
Transport Exemption Framework referred to in clause 20 of the
14
Intergovernmental Agreement and endorsed by the Australian
15
Transport Council on 18 November 2005, and includes that
16
Framework as amended from time to time.
17
Note:
The Exemption Framework is published on the National Transport
18
Commission's website.
19
Intergovernmental Agreement means the Agreement as defined in
20
section 4 of the National Transport Commission Act 2003.
21
road transport law means a law of a State or Territory to which
22
section 4 applies.
23
specific engineering exemption, in relation to a defence vehicle,
24
means an exemption of that kind that the vehicle has under the
25
Exemption Framework.
26
4 Definition of road transport law
27
(1) This section applies to a law of a State or Territory:
28
(a) to the extent that the law relates to the use of vehicles in a
29
place to which the Exemption Framework applies; or
30
Section 5
Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 3
(b) if regulations made for the purposes of this paragraph declare
1
that this section applies to the law.
2
(2) This section does not apply to a law of a kind referred to in
3
paragraph (1)(a) if regulations made for the purposes of this
4
subsection declare that this section does not apply to the law.
5
(3) In this section:
6
law means a written law of a State or Territory, and includes:
7
(a) subordinate legislation; and
8
(b) a provision of a law.
9
5 Exemption from State and Territory road transport laws for
10
defence-related purposes--Australian Defence Force
11
(1) The following persons:
12
(a) the Australian Defence Force;
13
(b) members of the Australian Defence Force;
14
(c)
defence
civilians;
15
are exempt from State and Territory road transport laws in respect
16
of anything done or omitted to be done in connection with one or
17
more defence-related purposes, if the thing is done, or omitted to
18
be done, as required or permitted by the Exemption Framework.
19
Note:
Road transport law is defined by section 4.
20
(2) A defence contractor or defence employee is exempt from State
21
and Territory road transport laws if:
22
(a) the defence contractor or defence employee is operating a
23
defence vehicle that has a specific engineering exemption;
24
and
25
(b) the operation of the defence vehicle is in connection with one
26
or more defence-related purposes;
27
but only to the extent of the matters to which the specific
28
engineering exemption relates.
29
(3) For the purposes of this section, a defence-related purpose is a
30
purpose related to any of the following:
31
(a) the defence of Australia;
32
Section 6
4 Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005
(b) the security of Australia;
1
(c) the operation of the Australian Defence Force in connection
2
with the defence of Australia;
3
(d) the operation of the Australian Defence Force in connection
4
with the security of Australia;
5
(e) the operation of the Australian Defence Force in making
6
preparations for the defence of Australia;
7
(f) the management of an emergency or disaster (whether natural
8
or otherwise), where that management involves the
9
Australian Defence Force;
10
(g) the provision by the Australian Defence Force of civil aid,
11
humanitarian assistance, medical relief or civil emergency or
12
disaster relief;
13
(h) the operation of the Australian Defence Force in connection
14
with a peacekeeping or peace enforcement activity;
15
(i) the operation of the Australian Defence Force in connection
16
with an activity carried out under the auspices of the United
17
Nations;
18
(j) the operation of the Australian Defence Force in assisting an
19
agency or authority of the Commonwealth, of a State or
20
Territory, or of a foreign government in connection with a
21
matter affecting the defence interests of Australia;
22
(k) the operation of the Australian Defence Force in assisting an
23
agency or authority of the Commonwealth, of a State or
24
Territory, or of a foreign government in connection with the
25
security of Australia;
26
(l) the operation of the Australian Defence Force in connection
27
with the protection of the interests of the Commonwealth or
28
of a State or Territory from domestic violence, if the State or
29
Territory has applied for that protection;
30
(m) the provision by the Australian Defence Force of support to
31
community activities of national or international significance.
32
6 Exemption from State and Territory road transport laws--armed
33
forces of foreign countries
34
The armed forces of a foreign country, and the members of those
35
armed forces, are exempt from State and Territory road transport
36
Section 7
Defence (Road Transport Legislation Exemption) Bill 2005 No. , 2005 5
laws in respect of anything done or omitted to be done in
1
connection with operations of those armed forces, if the thing is
2
done, or omitted to be done:
3
(a) in accordance with an arrangement approved by the
4
Australian Defence Force; and
5
(b) as required or permitted by the Exemption Framework.
6
Note:
Road transport law is defined by section 4.
7
7 Application of the Defence Act 1903
8
(1) Subject to subsection (2), this Act does not limit the operation of
9
the Defence Act 1903.
10
(2) Subsection 123(1) of the Defence Act 1903 does not apply to:
11
(a) a permission (whether in the form of a licence or otherwise)
12
that a State or Territory road transport law would require a
13
member of the Australian Defence Force to have:
14
(i) to use, or to have in his or her possession, a vehicle or
15
other thing belonging to the Commonwealth; or
16
(ii) to do anything in the course of his or her duties as a
17
member of the Australian Defence Force; or
18
(b) a requirement under a State or Territory road transport law
19
that a member of the Australian Defence Force register a
20
vehicle or other thing belonging to the Commonwealth;
21
to the extent that the Exemption Framework makes provision in
22
relation to such a permission or requirement.
23

 


[Index] [Search] [Download] [Related Items] [Help]