(1) These Regulations do not apply to:

(a)

the packaging and marking, by the Australian Defence Force or the Department of Defence, of a Commonwealth explosive that has been recovered in an explosive ordnance disposal operation conducted by the Australian Defence Force or the Department of Defence; or

(b) a person who is involved in the transport of Commonwealth explosives during:

(i)

an approved special activity carried on by the Australian Defence Force; or

(ii)

any training or other activity carried on for that approved special activity; or

(c)

the transport of an explosives demolition kit by the Australian Defence Force or the Australian Federal Police for the demolition of explosives; or

(d) a person who is involved in the transport of Commonwealth explosives during:

(i)

an authorised covert operation carried on by the Australian Federal Police; or

(ii)

any training or other activity carried on for that operation; or

(e) a person who is involved in the transport of Commonwealth explosives during:

(i)

an operation carried on by that part of the Australian Federal Police known as the AFP special operations team; or

(ii)

any training or other activity carried on by that team for that operation; or

(f)

explosives subject to the control of Customs under the Customs Act 1901 , other than any of those explosives for which a permission to move under section 71E of that Act has been given; or

(g)

a person who is involved in the transport of Commonwealth explosives that have been detected and seized by a Commonwealth public official in circumstances in which it is reasonable to believe that there is a threat to national security or public safety; or

(h) the transport of Commonwealth explosives on a light vehicle by a Commonwealth public official if:

(i)

the explosives are authorised explosives within the meaning of the AE Code; and

(ii)

the explosives do not include detonators; and

(iii)

the NEQ of the explosives does not exceed 1 kilogram.

(2) In this regulation:
"approved special activity "means an activity:

(a)

for the purposes of, or a purpose related to, the defence of the Commonwealth; or

(b)

for any utilisation of the Australian Defence Force under Part IIIAAA of the Defence Act 1903 ;

that is approved as a special activity by an authorised officer of the Australian Defence Force.

"authorised covert operation "means an operation within the functions of the Australian Federal Police that is authorised as a covert operation by a member of the Australian Federal Police at or above the rank of sergeant.

authorised officer means an officer of the Australian Defence Force:

(a)

who holds a rank not lower than the rank of Lieutenant Commander, Major or Squadron Leader; and

(b)

who is authorised, or is included in a class of officers that is authorised, in writing, by the Chief of the Defence Force, or a service chief, to approve a special activity.

"light vehicle "means a vehicle that has a gross vehicle mass, within the meaning of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 , not greater than 4.5 tonnes.