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RADIOCOMMUNICATIONS REGULATIONS 2023 (F2023L00260) - REG 6

Exemptions from Parts 3.1, 4.1 and 4.2 of the Act

             (1)  For the purposes of subsection 26(1) of the Act, a function or duty of a member of the Defence Force, or an officer of the Defence Department, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

 

Functions or duties taken to be exempt

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co-operation with the Defence Force

Military command and control

2

Function or duty relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of:

(a) Australia; or

(b) a foreign country whose military is acting in co-operation with the Defence Force

Intelligence

3

Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Weapons systems

4

Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Safety

5

Function or duty relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co-operation with the Defence Force

Security

             (2)  For the purposes of subsection 26(1A) of the Act, a function or duty of a member of a visiting force, or a member of a civilian component of a visiting force, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

 

Functions or duties taken to be exempt

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co-operation with the Defence Force

Military command and control

2

Function or duty relating to the collection, analysis or dissemination of information for a purpose relating to the defence, security or international relations of:

(a) Australia; or

(b) a foreign country whose military is acting in co-operation with the Defence Force

Intelligence

3

Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Weapons systems

4

Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Safety

5

Function or duty relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co-operation with the Defence Force

Security

             (3)  For the purposes of subsection 26(1B) of the Act, a function or duty of an authorised defence supplier mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

 

Functions or duties taken to be exempt

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co-operation with the Defence Force

Military command and control

2

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of:

(a) Australia; or

(b) a foreign country whose military is acting in co-operation with the Defence Force

Intelligence

3

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Weapons systems

4

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co-operation with the Defence Force

Safety

5

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co-operation with the Defence Force

Security


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