Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 8

8. (1) Subject to sub-section (2), the prescribed provisions of this Act do
not apply in relation to any act or thing done or omitted to be done by a
member of the Defence Force, or by an officer of the Department of Defence, in
the performance of his functions or duties as such a member or officer, as the
case may be, in relation to command and control, intelligence or weapons
systems.

(2) The regulations may make provision for the application, in specified
circumstances, of any or all of the prescribed provisions of this Act to a
member of the Defence Force, or to an officer of the Department of Defence, in
the performance of his functions or duties as mentioned in sub-section (1).

(3) This Act does not apply in relation to any act or thing done or omitted to
be done by a person performing a function or duty in relation to the operation
of a facility that is-

   (a)  jointly operated by the Commonwealth and a foreign country; and

   (b)  a special defence undertaking for the purposes of the Defence 
        (Special Undertakings) Act 1952 .

(4) This Act does not apply in relation to any act or thing done or omitted to
be done by a member of the Defence Force, or by an officer of the Department
of Defence, in the performance of his functions or duties as such a member or
officer, as the case may be, in relation to the operation of an organization,
being an organization-

   (a)  that is part of the Defence Force or part of the Department of
        Defence; and

   (b)  the purpose of which relates to-

        (i)    research for purposes in connection with defence; or

        (ii)   intelligence.

(5) This Act does not apply in relation to any act or thing done or omitted to
be done by or on behalf of-

   (a)  the Australian Secret Intelligence Service; or

   (b)  the Australian Security Intelligence Organization.

(6) The regulations may make provision for and in relation to-

   (a)  the exemption of acts or things done, or omitted to be done, by
        members of a prescribed class of persons from any or all of the
        prescribed provisions of this Act; and

   (b)  the modification of any or all of the prescribed provisions of
        this Act, so far as they relate to acts or things done, or omitted to
        be done, by those members.

(7) In this section-

         ''prescribed class of persons'' means persons included in a class of
persons specified in the regulations, being persons performing a function or
duty in or in relation to-

   (a)  the defence, security or international relations of Australia or of a
        foreign country whose naval, military or air force is acting in
        co-operation with the Defence Force of Australia;

   (b)  the Australian Federal Police or the police force of a State or
        Territory; or

   (c)  a fire-fighting, civil defence or rescue organization, an ambulance
        service, the Royal Flying Doctor Service or any other organization the
        sole or principal purpose of which involves securing the safety of
        persons during an emergency;

         ''prescribed provisions of this Act'' means sections 11, 23, 37 and
65.

(8) The reference in sub-section (1) to a function or duty of a member of the
Defence Force, or of an officer of the Department of Defence, in relation to
command and control, intelligence or weapons systems is a reference to a
function or duty that, under the regulations, is to be taken, for the purposes
of that sub-section, to be a function or duty in relation to command and
control, intelligence or weapons systems, as the case may be.