Defence (Road Transport Legislation Exemption) Act 2006

Defence (Road Transport Legislation Exemption) Act 2006

No. 4, 2006

Compilation No. 1

Compilation date: 6 July 2024

Includes amendments: Act No. 54, 2024

Registered: 25 July 2024

About this compilation

This compilation

This is a compilation of the Defence (Road Transport Legislation Exemption) Act 2006 that shows the text of the law as amended and in force on 6 July 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Definitions

4 Definition of road transport law

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

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

7 Application of the Defence Act 1903

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

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

1  Short title

  This Act may be cited as the Defence (Road Transport Legislation Exemption) Act 2006.

2  Commencement

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

3  Definitions

  In this Act:

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 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history