Compilation #1 | Effective 2024-07-06
FRBR Work URI: /akn/au/act/2006/4
This Act may be cited as the Defence (Road Transport Legislation Exemption) Act 2006.
This Act commences on the day on which it receives the Royal Assent.
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.
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 means an exemption of that kind that the vehicle has under the Exemption Framework.
Note: The Exemption Framework is published on the National Transport Commission’s website.
This section applies to a law of a State or Territory:
to the extent that the law relates to the use of vehicles in a place to which the Exemption Framework applies; or
if regulations made for the purposes of this paragraph declare that this section applies to the law.
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.
In this section:
law means a written law of a State or Territory, and includes: subordinate legislation; and a provision of a law.
subordinate legislation; and
a provision of a law.
The following persons:
the Australian Defence Force;
members of the Australian Defence Force;
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.
A defence contractor or defence employee is exempt from State and Territory road transport laws if:
the defence contractor or defence employee is operating a defence vehicle that has a specific engineering exemption; and
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:
the defence of Australia;
the security of Australia;
the operation of the Australian Defence Force in connection with the defence of Australia;
the operation of the Australian Defence Force in connection with the security of Australia;
the operation of the Australian Defence Force in making preparations for the defence of Australia;
the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force;
the provision by the Australian Defence Force of civil aid, humanitarian assistance, medical relief or civil emergency or disaster relief;
the operation of the Australian Defence Force in connection with a peacekeeping or peace enforcement activity;
the operation of the Australian Defence Force in connection with an activity carried out under the auspices of the United Nations;
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;
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;
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;
the provision by the Australian Defence Force of support to community activities of national or international significance.
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:
in accordance with an arrangement approved by the Australian Defence Force; and
as required or permitted by the Exemption Framework.
Note: Road transport law is defined by section 4.
(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 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:
to use, or to have in his or her possession, a vehicle or other thing belonging to the Commonwealth; or
to do anything in the course of his or her duties as a member of the Australian Defence Force; or
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— E ndnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history— E ndnotes 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 Legislation Act 2003.section 15V of the
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