Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to provide for members of the Australian Defence Force and others to be exempt from State and Territory road transport laws in certain circumstances, and for related purposes.
Administered by: Defence
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Registered 01 Dec 2005
Introduced Senate 30 Nov 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Defence (Road Transport Legislation Exemption) Bill 2005

 

No.      , 2005

 

(Defence)

 

 

 

A Bill for an Act to provide for members of the Australian Defence Force and others to be exempt from State and Territory road transport laws in certain circumstances, and for related purposes

  

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Definitions.......................................................................................... 2

4............ Definition of road transport law........................................................ 3

5............ Exemption from State and Territory road transport laws for defence-related purposes—Australian Defence Force............................................................................................................ 3

6............ Exemption from State and Territory road transport laws—armed forces of foreign countries               5

7............ Application of the Defence Act 1903.................................................. 5

 


A Bill for an Act to provide for members of the Australian Defence Force and others to be exempt from State and Territory road transport laws in certain circumstances, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Defence (Road Transport Legislation Exemption) Act 2005.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Definitions

                   In this Act:

Australian Transport Council has the meaning given by section 4 of the National Transport Commission Act 2003.

defence civilian has the meaning given by subsection 3(1) of the Defence Force Discipline Act 1982.

defence contractor has the same meaning as in the Exemption Framework.

defence employee has the same meaning as in the Exemption Framework.

defence vehicle has the same meaning as in the Exemption Framework.

Exemption Framework means the Australian Defence Force Road Transport Exemption Framework referred to in clause 20 of the Intergovernmental Agreement and endorsed by the Australian Transport Council on 18 November 2005, and includes that Framework as amended from time to time.

Note:          The Exemption Framework is published on the National Transport Commission’s website.

Intergovernmental Agreement means the Agreement as defined in section 4 of the National Transport Commission Act 2003.

road transport law means a law of a State or Territory to which section 4 applies.

specific engineering exemption, in relation to a defence vehicle, means an exemption of that kind that the vehicle has under the Exemption Framework.

4  Definition of road transport law

             (1)  This section applies to a law of a State or Territory:

                     (a)  to the extent that the law relates to the use of vehicles in a place to which the Exemption Framework applies; or

                     (b)  if regulations made for the purposes of this paragraph declare that this section applies to the law.

             (2)  This section does not apply to a law of a kind referred to in paragraph (1)(a) if regulations made for the purposes of this subsection declare that this section does not apply to the law.

             (3)  In this section:

law means a written law of a State or Territory, and includes:

                     (a)  subordinate legislation; and

                     (b)  a provision of a law.

5  Exemption from State and Territory road transport laws for defence-related purposes—Australian Defence Force

             (1)  The following persons:

                     (a)  the Australian Defence Force;

                     (b)  members of the Australian Defence Force;

                     (c)  defence civilians;

are exempt from State and Territory road transport laws in respect of anything done or omitted to be done in connection with one or more defence-related purposes, if the thing is done, or omitted to be done, as required or permitted by the Exemption Framework.

Note:          Road transport law is defined by section 4.

             (2)  A defence contractor or defence employee is exempt from State and Territory road transport laws if:

                     (a)  the defence contractor or defence employee is operating a defence vehicle that has a specific engineering exemption; and

                     (b)  the operation of the defence vehicle is in connection with one or more defence-related purposes;

but only to the extent of the matters to which the specific engineering exemption relates.

             (3)  For the purposes of this section, a defence-related purpose is a purpose related to any of the following:

                     (a)  the defence of Australia;

                     (b)  the security of Australia;

                     (c)  the operation of the Australian Defence Force in connection with the defence of Australia;

                     (d)  the operation of the Australian Defence Force in connection with the security of Australia;

                     (e)  the operation of the Australian Defence Force in making preparations for the defence of Australia;

                      (f)  the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;

                     (g)  the provision by the Australian Defence Force of civil aid, humanitarian assistance, medical relief or civil emergency or disaster relief;

                     (h)  the operation of the Australian Defence Force in connection with a peacekeeping or peace enforcement activity;

                      (i)  the operation of the Australian Defence Force in connection with an activity carried out under the auspices of the United Nations;

                      (j)  the operation of the Australian Defence Force in assisting an agency or authority of the Commonwealth, of a State or Territory, or of a foreign government in connection with a matter affecting the defence interests of Australia;

                     (k)  the operation of the Australian Defence Force in assisting an agency or authority of the Commonwealth, of a State or Territory, or of a foreign government in connection with the security of Australia;

                      (l)  the operation of the Australian Defence Force in connection with the protection of the interests of the Commonwealth or of a State or Territory from domestic violence, if the State or Territory has applied for that protection;

                    (m)  the provision by the Australian Defence Force of support to community activities of national or international significance.

6  Exemption from State and Territory road transport laws—armed forces of foreign countries

                   The armed forces of a foreign country, and the members of those armed forces, are exempt from State and Territory road transport laws in respect of anything done or omitted to be done in connection with operations of those armed forces, if the thing is done, or omitted to be done:

                     (a)  in accordance with an arrangement approved by the Australian Defence Force; and

                     (b)  as required or permitted by the Exemption Framework.

Note:          Road transport law is defined by section 4.

7  Application of the Defence Act 1903

             (1)  Subject to subsection (2), this Act does not limit the operation of the Defence Act 1903.

             (2)  Subsection 123(1) of the Defence Act 1903 does not apply to:

                     (a)  a permission (whether in the form of a licence or otherwise) that a State or Territory road transport law would require a member of the Australian Defence Force to have:

                              (i)  to use, or to have in his or her possession, a vehicle or other thing belonging to the Commonwealth; or

                             (ii)  to do anything in the course of his or her duties as a member of the Australian Defence Force; or

                     (b)  a requirement under a State or Territory road transport law that a member of the Australian Defence Force register a vehicle or other thing belonging to the Commonwealth;

to the extent that the Exemption Framework makes provision in relation to such a permission or requirement.