Commonwealth Consolidated Regulations

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DEFENCE (VISITING FORCES) REGULATIONS 1963 - REG 6

Immunities relating to tolls and permissions etc.

  (1)   The immunities conferred by section   70 of the Defence Act   1903 on members of the Defence Force and vehicles used by members of the Defence Force are conferred on members of a visiting force sent to Australia by a country in relation to which section   16 of the Act applies and vehicles used by members of that force.

  (2)   For paragraph   16(2)(b) of the Act, the immunities conferred by subsection   123(1) of the Defence Act 1903 on members of the Defence Force are conferred on members of a visiting force as if:

  (a)   references to the Defence Force in subsection   123(1) of the Defence Act 1903 were references to the relevant visiting force; and

  (b)   the reference in paragraph   123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

  (3)   For paragraph   16(2)(b) of the Act, the immunities conferred by subsection   123(1) of the Defence Act 1903 on members of the Defence Force, to the extent that those immunities relate to the use, possession or registration of a vehicle, are conferred on members of a civilian component of a visiting force of the United States of America, Singapore, Papua New Guinea or Japan as if:

  (a)   references to the Defence Force in subsection   123(1) of the Defence Act 1903 were references to the relevant civilian component of the relevant visiting force; and

  (b)   the reference in paragraph   123(1)(a) of the Defence Act 1903 to the Commonwealth included a reference to the sending country in relation to the relevant visiting force.

  (4)   For paragraph   16(2)(b) of the Act:

  (a)   a member of a visiting force of the United States of America or Japan; or

  (b)   a member of a civilian component of such a visiting force;

is not bound by any law of a State or Territory 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 hired or leased by the sending country in relation to the visiting force.

  (5)   For the purposes of paragraph   16(2)(b) of the Act, the immunities conferred by paragraph   123(1)(b) of the Defence Act 1903 on members of the Defence Force are conferred on members of the civilian component of a visiting force of Japan as if references to the Defence Force in subsection   123(1) of the Defence Act 1903 were references to the civilian component of the visiting force.

  (6)   Subregulations (2), (3), (4) and (5) do not limit each other.



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