explanatory statement

Issued by authority of the Assistant Minister for Defence

Defence Act 1903

Defence Amendment (Counter-UXS Measures) Regulations 2025

1.              The Defence Amendment (Counter-UXS Measures) Regulations 2025 (the Amending Regulations) are made under paragraph 63(1)(f) and subsection 124(1) of the Defence Act 1903 (the Act).

Purpose of Amending Regulations

1.              The operation of Uncrewed Systems (UXS), including aerial, ground and maritime drones, at and around Defence locations poses an increasingly significant risk to national security and safety. However, law enforcement and Defence personnel have limited legal authority to take actions to counter the threats posed by UXS.
2.              The Amending Regulations authorise police, Australian Defence Force (ADF) members and other authorised personnel to undertake counter-UXS measures to protect defence sites and assets, where UXS devices pose a threat to the safety or security of that site or asset, or may otherwise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations.
3.              All counter-UXS measures authorised under the Amending Regulations must be reasonable and safe, and in accordance with Australia’s obligations under relevant international agreements. Offences in primary legislation continue to apply, including the prohibition on acts that threaten the safety of an aircraft in section 24 of the Civil Aviation Act 1988, and offences under the Work Health and Safety Act 2014.

Details of the instrument

1.              Details of the Amending Regulations are set out in Attachment A.

Consultation

1.              In developing the Amending Regulations, consultation was undertaken with a range of Commonwealth government agencies, including:
   1.          Department of the Prime Minister and Cabinet;
   2.          Department of Home Affairs;
   3.          Attorney-General’s Department;
   4.          Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts;
   5.          Australian Federal Police;
   6.           Australian Border Force;
   7.          Civil Aviation Safety Authority;
   8.          Australian Maritime Safety Authority;
   9.            Airservices Australia;
   10.            Australian Submarine Agency; and
   11.          Australian Signals Directorate.
2.              This accords with consultation requirements in section 17 of the Legislation Act 2003.
3.              As counter-UXS capabilities are deployed at protected defence areas and in relation to defence assets, further site-specific consultation and engagement with relevant safety authorities, local communities, and other users of local airspace and waterways will be undertaken to ensure Defence is able to undertake counter-UXS measures reasonably and safely, as required in the Amending Regulations.

Parliamentary scrutiny

1.              A Statement of Compatibility with Human Rights has been prepared in accordance with subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011. The Amending Regulations are compatible with human rights because they promote the protection of human rights, and to the extent that it may limit human rights, those limitations are necessary, reasonable and proportionate as set out in the Statement. The Statement is included at Attachment B.

Application

1.          The Amending Regulations are a legislative instrument for the purposes of the Legislation Act 2003. They are subject to disallowance and sunsetting under sections 42 and 50 of that Act, respectively.
2.          The Amending Regulations commence on the day after registration on the Federal Register of Legislation.
3.          The Amending Regulations have nil impact on compliance costs.

Attachment A

Details of the Defence Amendment (Counter-UXS Measures) Regulations 2025

Part 1 – Preliminary matters

1.          Part 1 sets out preliminary matters, including the name, commencement, and authority for the Defence Amendment (Counter-UXS Measures) Regulations 2025 (Amending Regulations).

Section 1  Name

1.          This section provides for the name of the Amending Regulations: the Defence Amendment (Counter-UXS Measures) Regulations 2025.

Section 2  Commencement

1.          This section provides that the Amending Regulations commence on the day after they are registered on the Federal Register of Legislation.

Section 3  Authority

1.          This section provides that the Amending Regulations are made under the Defence Act 1903 (the Act).

Section 4  Schedules

1.          This section provides that instruments are amended in accordance with applicable items in the schedules to the Amending Regulations.

Schedule 1—Amendments

1.          This schedule sets out the amendments to the Defence Regulation 2016 (Defence Regulation).

Item [1] – After Part 11A

1.          This item inserts new Part 11B – Counter-UXS measures into the Defence Regulation. 

Part 11B—Counter-UXS measures

1.          This is the new part in the Defence Regulation 2016.

Division 1—Preliminary

1.          This division sets out definitions and key terms used in new Part 11B.

Section 68TA – Definitions

1.          This section includes definitions applicable to new Part 11B. Key definitions include:
   1.          Authorised person. This term is used in section 68TF to describe the persons who are authorised to conduct counter-UXS measures. It covers:
      •         Australian Defence Force (ADF) members;
      •         AFP appointees, as defined in the Australian Federal Police Act 1979;
      •         Members of State and Territory police forces and services;
      •         Other persons authorised by the Secretary of Defence or Chief of the Defence Force, the Head of the Australian Submarine Agency (ASA), or the Director-General of the Australian Signals Directorate (ASD). Decisions to authorise a person are made under section 68TC.

A person is only an authorised person if they have appropriate training, qualifications, skills or experience in conducting counter-UXS measures.

1.          Counter-UXS measures. This term is used to describe the range of actions in relation to UXS devices that are authorised under the Amending Regulations. It includes:
   •         Measures to detect, identify and track a UXS device;
   •         Measures to disable, interfere with or manipulate, take control of or modify a UXS device;
   •         Measures to seize, capture or detain a UXS device;
   •         Measures to destroy or exploit a UXS device.
2.          Defence asset. The Amending Regulations authorise counter-UXS measures in relation to defence assets. Defence assets mean:
   •         Vehicles, vessels and aircraft owned by the Commonwealth for use by the ADF or Department of Defence. For example, a Royal Australian Navy vessel is a defence asset.
   •         Vehicles, vessels and aircraft belonging to, or operated by, a visiting force within the meaning of the Defence (Visiting Forces) Act 1963. For example, a visiting US Navy vessel is a defence asset. Visiting force means any body, contingent or detachment of the naval, military or air forces of another country that is for the time being present in Australia.
   •         Other assets declared by the Minister under section 68TD.
3.          Defence contractor. This term is used to describe one category of people who can be authorised under section 68TC. It means a person engaged to perform security services or services relating to counter-UXS measures for the Department of Defence, the ADF, ASA or the ASD.
4.          Protected defence area. The Amending Regulations authorise counter-UXS measures in relation to protected defence areas. Protected defence areas include:
   •         Defence areas, which are areas declared under Part 11 of the Defence Regulation;
   •         Defence aviation areas, which are areas declared under section 117AC of the Act;
   •         Defence premises, which is defined in section 71A of the Act, and includes places owned or occupied by the Commonwealth for use by the ADF or Department of Defence. It also includes the Woomera Prohibited Area, and prohibited areas under the Defence (Special Undertakings) Act 1952 (including the Joint Defence Facility Pine Gap);
   •         Places owned or occupied by the Commonwealth for use by the ASA or ASD;
   •         Prohibited and practice areas that were declared under the Defence Force Regulations 1952, as mentioned in subsections 87(2) and (3) of the Defence Regulation;
   •         A public area of defence land declared by the Minister under section 116Q of the Act;
   •         Naval waters proclaimed under the Control of Naval Waters Act 1918;
   •         Commonwealth explosives areas under the Explosives Act 1961; and
   •         The Minister may also declare an area to be a protected defence area under section 68TE.

Section 68TB – Meaning of UXS device

1.          This section defines UXS device. It is an uncrewed device without any people onboard, that operates autonomously or is remotely operated, and which moves on the ground, on water, underwater or in the air.
2.          The note to section 68TB describes UXS devices in different domains, including uncrewed aerial systems (UAS), maritime autonomous surface ships (MASS), and uncrewed ground vehicles (UGV).
3.          The definition covers devices operating in the air, maritime and land domains. It includes vessels, aircraft and vehicles that are remotely piloted, pre-programmed, or piloted through artificial intelligence. It includes devices remotely piloted through radio and other signals, as well as through fibre-optic cables or other tethering systems, and includes balloons and other devices that operate autonomously. It includes any other means of operation where the device operates without any people onboard.

Section 68TC – Authorised persons

1.          Authorised persons are people who are authorised to undertake counter-UXS measures under Part 11B. Authorised persons are defined in section 68TA, including police, ADF members, and persons appointed under section 68TC.
2.          In particular:
   1.          Under subsections 68TC(1) and (2), the Secretary of Defence or Chief of the Defence Force may appoint a person as an authorised person, if they are an APS employee in the Department of Defence or a Defence contractor performing security services or services related to counter-UXS measures for the Department of Defence or the ADF (see definition of Defence contractor in section 68TA).
   2.          Under subsections 68TC(3) and (4), the Head of the ASA may appoint a person as an authorised person, if they are an employee of the ASA or a Defence contractor performing security services or services related to counter-UXS measures for the ASA.
   3.          Under subsections 68TC(5) and (6), the Director-General of the ASD may appoint a person as an authorised person, if they are an employee of ASD or a Defence contractor performing security services or services related to counter-UXS measures for the ASD.

Section 68TD – Minister may declare defence asset

1.          Part 11B provides for counter-UXS measures to be taken in relation to defence assets. Defence assets are defined in section 68TA, including Defence and visiting force vehicles, vessels and aircraft, and other assets declared by the Minister under section 68TD.
2.          Section 68TD provides for the Minister to declare a thing to be a defence asset if the Minister reasonably believes that it is in the interests of the defence of Australia or national security to make the declaration. Declarations are in writing.
3.          Examples of when the Minister may consider declaring a defence asset under this section include:
   1.          If there is a need to conduct counter-UXS measures in relation to a vessel leased by the ADF (noting that it would not be captured in paragraph (a) of the definition of defence asset, as a leased vessel is not owned by the Commonwealth).
   2.          If there is a need to conduct counter-UXS measures in relation to a foreign partner vessel visiting Australia, where the foreign partner forces are not defined as visiting forces under the Defence (Visiting Forces) Act 1963. For example, some Pacific nations do not have traditional naval, military or air forces, but rely on police or paramilitary agencies for defence purposes. These forces do not meet the definition of visiting forces.
   3.          If there is a need to conduct counter-UXS measures in relation to Defence equipment that is installed or placed somewhere other than a protected defence area.

Section 68TE – Minister may declare protected defence area

1.          Part 11B provides for counter-UXS measures to be taken in relation to protected defence areas. Protected defence areas are defined in section 68TA, including defence premises, premises occupied by the ASA or ASD, and a range of other areas declared under defence legislation. The definition also includes areas declared under section 68TE.
2.          Section 68TE provides for the Minister to declare an area of land, sea or airspace as a protected defence area if the Minister reasonably believes that it is in the interests of the defence of Australia or national security to make the declaration. Declarations are legislative instruments. Declarations of defence assets may include sensitive national security information, so it is not appropriate that they are made in legislative instruments.
3.          Examples of when the Minister may consider declaring a protected defence area under section 68TE include:
   1.          If there is a need to conduct counter-UXS measures at a defence industry facility (for example, naval shipbuilding facilities), which may not be captured in other described areas.
   2.          If there is a need to conduct counter-UXS measures to protect an ADF exercise, the place in which the exercise is occurring can be declared on a temporary basis.

Division 2—Counter-UXS Measures

1.          This division sets out the authority for conducting counter-UXS measures, including criteria and limitations.

Section 68TF – Counter-UXS measures

1.          Section 68TF provides for the conduct of counter-UXS measures by authorised persons in relation to defence protected areas and defence assets.
2.          Sub-section (1) sets out criteria relevant to the use of counter-UXS measures in relation to protected defence areas.
   1.          A UXS device must have entered, or be reasonably likely to enter a protected defence area, or be in the vicinity of a protected defence area (s 68TF(1)(a)).
   2.          An authorised person must reasonably believe that the UXS device poses a safety or security threat to the area, or any person or thing in the area, or that it may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations (s 68TF(1)(b)).
3.          ‘In the vicinity’ is not defined by reference to a set distance from a protected defence area. Setting a common distance for all protected defence areas is not practical, noting the wide range of protected defence areas (e.g. areas in urban versus remote locations). The closer a UXS device is to a protected defence area, the more likely that an authorised person can reasonably believe that it poses a safety or security threat.
4.          A range of factors will be relevant in determining that a UXS device poses a safety or security threat, including: how far away it is; its speed, size, and movements; whether the UXS device has permission to be in the location (e.g. a licence issued by the Civil Aviation Safety Authority); and site-specific factors (e.g. sensitive capabilities operated from the site, and how exposed they are to surveillance by UXS devices).
5.          Sub-section (2) sets out criteria relevant to the use of counter-UXS measures in relation to defence assets. An authorised person must reasonably believe either:
   1.          A UXS device poses a safety or security threat to a defence asset; or
   2.          A UXS device constitutes a risk to a defence asset in a way that may compromise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations.
6.          Sub-section (3) provides authority to conduct counter-UXS measures, if the circumstances described in (1) or (2) apply. An authorised person may take counter-UXS measures:
   1.          If the counter-UXS measures are reasonable and safe in the circumstances; and
   2.          The counter-UXS measures are to prevent, eliminate, minimise or otherwise deal with the threat; or to protect Australia’s defence or security interests, or Australia’s defence activities or operations.
7.          The requirement that counter-UXS measures be reasonable and safe is a critical requirement. ‘Reasonable’ includes a requirement that counter-UXS measures are proportionate to the threat posed by the UXS device. ‘Safe’ includes safety of crewed aviation, other infrastructure, and any other people.
8.          Sub-section (4) sets out additional limitations on the operation of counter-UXS measures.
9.          An authorised person must have regard to any guidelines or directions issued by the Minister in relation to counter-UXS measures (paragraph 68TF(4)(a)). It is anticipated that the Minister will issue general principles and expectations regarding Defence’s use of counter-UXS capabilities, in accordance with the Amending Regulations. Internal policy direction and site-specific directives will also be developed, including in consultation with safety authorities. Ministerial guidelines and directions and internal policy and directives will assist authorised persons to conduct counter-UXS measures in accordance with the requirements set out in the Amending Regulations, including the requirement that counter-UXS measures be reasonable and safe.
10.          Counter-UXS measures must be conducted consistently with Australia’s obligations under international agreements relating to the safety of air navigation or maritime navigation (paragraph 68TF(4)(b)). For example, counter-UXS measures must be conducted consistently with Australia’s obligations under the Chicago Convention on International Civil Aviation. While the Amending Regulations are drafted consistently with Australia’s international law obligations, this paragraph is included to make clear that all counter-UXS measures must comply with international law (cf section 11 of Civil Aviation Act 1988). 
11.          Sub-section (5) provides the counter-UXS measures taken under section 68TF(3) must not constitute an offence against the Criminal Code Act 1995. For example, counter‑UXS measures that involve the use of cyber or electronic capabilities to take control of a UXS device may involve accessing and manipulating data on a computer, which may constitute an offence against Part 10.7 of the Criminal Code Act 1995. Such actions are not authorised by the Amending Regulations.
12.          Sub-section (6) provides that section 68TF is not intended to exclude or limit the executive power of the Commonwealth or the operation of any other law in relation to counter-UXS measures. A number of laws support some counter-UXS measures in relation to protected defence areas and defence assets in some circumstances, including civil aviation laws (which allow the Civil Aviation Safety Authority to delegate certain authorities where UXS devices pose a safety threat) and non-statutory executive powers (which generally allow Defence to detect and track UXS devices in the vicinity of protected defence areas and defence assets). Sub-section 68TF(6) makes clear that the authority to conduct counter-UXS measures under the Amending Regulations is in addition to existing authorities, and does not replace them.

Division 3 – Miscellaneous

1.          This division provides for matters such as information to support counter-UXS measures, dealing with UXS devices that are captured or seized through counter-UXS measures, and compensation arrangements.

Section 68TG – Personal information

1.          This section provides that an authorised person is able to take a number of actions relating to personal information in connection with taking counter-UXS measures under new Part 11B. Reasonable and safe counter-UXS measures rely on information and data to, as far as possible, determine the nature of any threat posed by a UXS device. In some cases, this may involve the collection or sharing of personal information, in particular information collected from the UXS device itself. Personal information and sensitive information have the same meaning as in the Privacy Act 1988 (see definitions in section 68TA). 
2.          Section 68TG authorises the following actions:
   1.          Collection of personal information (including sensitive information), including from a source other than the individual, for purposes related to taking counter-UXS measures. Relevant sensitive information may include biometric information collected from a UXS device;
   2.          Use personal information collected under this section for purposes related to taking counter-UXS measures;
   3.          Disclosure personal information collected under this section to a range of persons or bodies, for the purposes of the performance of the functions of the person or body:
      •         Intelligence or security agencies;
      •         The AFP or a state or territory police force or service;
      •         The Director of Public Prosecutions of the Commonwealth or a State or Territory;
      •         The Australian Border Force;
      •         The Civil Aviation Safety Authority;
      •         The Australian Maritime Safety Authority;
      •         Airservices Australia; and
      •         A foreign government or international body where there is a written agreement for the sharing of information.
3.          For example, disclosure to police or a Director of Public Prosecutions to support investigation or prosecution of individuals operating UXS devices at defence locations would be permitted. Disclosure to support the generation of analysis of UXS devices in and around defence locations (for example analysis by an intelligence agency or safety authority) would be permitted.
4.          The note to section 68TG states that collection, use or disclosure of personal information under section 68TG is taken to be authorised by law for the purposes of Australian Privacy Principles 3, 6 and 8.

Section 68TH – Retrieving information contained in UXS devices in lawful possession of authorised person

1.          This section allows an authorised person to collect information contained in a UXS device that is in their lawful possession, by any means considered appropriate (section 68TH(1)). In the event a UXS device is captured or seized through counter-UXS measures, this section allows an authorised person to retrieve information from the UXS device, for example, to support further counter-UXS measures in the future. This could involve, for example, retrieving serial numbers or other identifying information.
2.          Sub-section (2) states that the section applies only to the extent collection of information does not constitute an offence under the Criminal Code Act 1995. In some cases, extracting information from a UXS device could involve accessing or manipulating data on an onboard computer, which may constitute an offence against Part 10.7 of the Criminal Code Act 1995. The Amending Regulations are not intended to authorise any activity that is contrary to offences in primary legislation, and this provision makes that clear in this context.

Section 68TI – Agencies and bodies may disclose information about UXS devices to Department or ADF

1.          This section provides that agencies and bodies that collect information or data relating to a UXS device may disclose it to the Deparatment of Defence or the ADF for purposes relevant to taking counter-UXS measures in accordance with new Part 11B.
2.          Collection, use and analysis of data relating to UXS devices will be critical to ensuring counter-UXS measures can be conducted reasonably and safely under Part 11B, as required. This section ensures that agencies and other bodies that collect relevant information and data can disclose it to Defence.

Section 68TJ – Authorised person may inspect etc. UXS devices

1.          This section allows an authorised person to inspect, examine, dismantle, take measurements of, or conduct tests on, a UXS device that is in their lawful possession (section 68TJ(1)). This does not authorise conduct that would constitute an offence against the Criminal Code Act 1995 (section 68TJ(2)), including computer offences in Part 10.7 of the Criminal Code Act 1995.

Section 68TK – Persons assisting

1.          This section allows an authorised person to be assisted by another person with relevant training, qualifications, skills or experience. For example, an authorised person could seek assistance from another person when retrieving information from or inspecting a UXS device that is lawfully in their possession.

Section 68TL – Compensation for loss or damage

1.          This section provides for the Commonwealth to pay reasonable compensation for loss and damage resulting from an authorised person taking counter-UXS measures (section 68TL(1)). Compensation is payable in relation to personal injury, damage to property and loss of income. The chances of personal injury are extremely low, noting that requirement that all counter-UXS measures are undertaken safely.
2.          Sub-section (3) excludes compensation in relation to property damage to a UXS device and loss of income of a UXS device operator, where the UXS device is used in the commission of an offence against a law of the Commonwealth, State or Territory. For example, if a person is operating a UXS device in contravention of airspace restrictions, or is using a UXS device to capture images of a defence installation contrary to section 82 of the Act, the Commonwealth will not be liable for compensation for damage to the UXS device or loss of income associated with any counter-UXS measures taken in relation to that UXS device. The exclusions do not apply to third parties or UXS devices operating lawfully. 
3.          Sub-section (2) provides that, if the Commonwealth and other person do not agree on the amount of compensation, the person may institute proceedings in a court to recover such reasonable amount as the court decides. This process mirrors other compensation provisions in the Defence Regulation.

Section 68TM – Compensation for acquisition of property

1.          This section provides for compensation in the event any action under Part 11B would result in an acquisition of property. This is included for completeness, to ensure the Amending Regulations are consistent with the requirement for just terms compensation for any acquisition of property.

Item [2] – After subsection 82(1A)

1.          This item inserts a new subsection in section 82 of the Defence Regulation, allowing the Minister to delegate powers under Part 11B to the Secretary of Defence or the Chief of the Defence Force. The delegable powers relate to the declaration of protected defence areas and defence assets.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Defence Amendment (Counter-UXS Measures) Regulations 2025

1.              The disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of legislative instrument

1.              The operation of Uncrewed Systems (UXS), including aerial, ground and maritime drones, at and around Defence locations poses an increasingly significant risk to national security and safety. However, law enforcement and Defence personnel have limited legal authority to take actions to counter the threats posed by UXS.
2.              The Defence Amendment (Counter-UXS Measures) Regulations 2025 (the Amending Regulations) authorise police, Australian Defence Force (ADF) members and other authorised personnel to undertake counter-UXS measures in relation to protected defence areas and defence assets, where UXS devices pose a threat to the safety or security of that site or asset, or may otherwise or adversely affect Australia’s defence or security interests, or Australia’s defence activities or operations.
3.              All counter-UXS measures authorised under the Amending Regulations must be reasonable and safe, and in accordance with Australia’s obligations under relevant international agreements. Offences in primary legislation continue to apply, including the prohibition on acts that threaten the safety of an aircraft in section 24 of the Civil Aviation Act 1988, and offences under the Work Health and Safety Act 2014.
4.              The Amending Regulations include provisions relating to the collection, use and disclosure of personal information for the purposes of undertaking counter-UXS measures.

Human rights implications

1.              The Amending Regulations engage the right to protection from arbitrary or unlawful interference with privacy (Article 17 of International Covenant on Civil and Political Rights).  

Right to privacy

1.              The prohibition on interference with privacy prohibits unlawful or arbitrary interferences with a person’s privacy. The Amending Regulations engage the right to privacy, as they include provisions for the collection, use and disclosure of personal information.
2.              In particular, section 68TG provides that an authorised person is able to collect, use and disclose personal information for purposes related to the taking of a counter-UXS measure. It authorises the following actions:
   1.          Collection of personal information (including sensitive information), including from a source other than the individual, for purposes related to taking counter-UXS measures. Relevant sensitive information may include biometric information collected from a UXS device;
   2.          Use personal information collected under this section for purposes related to taking counter-UXS measures;
   3.          Disclosure personal information collected under this section to a range of persons or bodies, for the purposes of the performance of the functions of the person or body:
      •         Intelligence or security agencies;
      •         The AFP or a state or territory police force or service;
      •         The Director of Public Prosecutions of the Commonwealth or a State or Territory;
      •         The Australian Border Force;
      •         The Civil Aviation Safety Authority;
      •         The Australian Maritime Safety Authority;
      •         Airservices Australia; and
      •         A foreign government or international body where there is a written agreement for the sharing of information.
3.              For example, disclosure to police or a Director of Public Prosecutions to support investigation or prosecution of individuals operating UXS devices at defence locations would be permitted. Disclosure to support the generation of analysis of UXS devices in and around defence locations (for example analysis by an intelligence agency or safety authority) would be permitted.
4.          Section 68TJ authorises agencies and bodies who collect information or data in relation to UXS devices (including personal and sensitive information) to disclose the information and data to Defence for purposes relevant to taking counter-UXS measures under new Part 11B.
5.          Counter-UXS measures under the Amending Regulations support the legitimate objective of national security. Conduct of reasonable and safe counter-UXS measures relies on information and data to, as far as possible, determine the nature of any threat posed by a UXS device, and distinguish from legitimate or non-threatening use of UXS devices. Generating relevant information and data, may require the collection, use and disclosure of personal information (including sensitive information such as biometric information in some cases).
6.          The collection, use and disclosure of personal information in this context is not arbitrary, and is reasonable, necessary and proportionate, noting:
   1.          All collection and use of personal information under section 68TG must be for purposes relating to the taking of counter-UXS measures.
   2.          Disclosure of personal information under section 68TG relates only to personal information collected for purposes related to the taking of counter-UXS measures.
   3.          Disclosure is permitted to a limited number of agencies, and must be for the purposes of those agencies performing their functions. For example, disclosure to intelligence or security agencies may be to generate relevant intelligence analysis about UXS devices in the vicinity of defence sites, to inform future counter-UXS measures.
   4.          Disclosure of personal information from other agencies and bodies to Defence under section 68TJ must be for purposes relevant to taking counter-UXS measures under new Part 11B.

Conclusion

1.          The Amending Regulations are compatible with human rights because, to the extent they limit human rights, those limitations are reasonable, necessary and proportionate.