Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 123

  (1)   A member of the Defence Force is not bound by any law of a State or Territory:

  (a)   that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle, vessel, animal, firearm or other thing belonging to the Commonwealth; or

  (b)   that would require the member to have permission (whether in the form of a licence or otherwise) to do anything in the course of his or her duties as a member of the Defence Force.

  (2)   The Secretary, or an APS employee authorised in writing by the Secretary, may, by instrument in writing, declare:

  (a)   a person:

  (i)   who is an APS employee; and

  (ii)   who is employed in the Department in, or in connection with, the manufacture of firearms; or

  (b)   a person who is employed by a body corporate concerned with the manufacture of firearms, being a body corporate declared by the regulations to be a body corporate in relation to which this subsection applies;

to be an authorised employee for the purposes of this subsection and, where such a declaration is made in relation to a person, the person continues to be an authorised employee for the purposes of this subsection while the person continues to be so employed.

  (2A)   A declaration under subsection   ( 2) may be made by declaring the person holding a particular office or occupying a particular position to be an authorised employee for the purposes of that subsection.

  (3)   A person who is an authorised employee for the purposes of subsection   ( 2) does not contravene any law of a State or Territory that would require the person to have permission (whether in the form of a licence or otherwise) to have in his or her possession a firearm by reason only of having such a firearm in his or her possession, without such permission, in the performance of his or her duties.