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2004 - 2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
DEFENCE (ROAD TRANSPORT LEGISLATION EXEMPTION) BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by the authority of the Minister for Defence,
Senator Robert Hill)
Defence (Road Transport Legislation Exemption) Bill 2005
OUTLINE
This Bill will clarify the extent of Defence's exemption from the operation of
particular State and Territory road transport laws in certain circumstances.
The principal purpose of the Bill will be to underpin the Exemption Framework which
has been developed in consultation with the States and Territories in accordance with
clause 20 of the Intergovernmental Agreement for Regulatory and Operational
Reform in Road, Rail and Intermodal Transport. That Framework covers matters such
as mass limits for vehicles and vehicle components, load sizes, vehicle projections,
warning signals, licensing and fatigue management. It intends to match load limits on
vehicles with the current capacity of roads and bridges.
The Bill provides an exemption from the provisions of State or Territory road
transport laws to particular persons in respect of anything done or omitted to be done
in connection with a defence-related purpose, (or an arrangement approved by the
Australian Defence Force (ADF) for a foreign armed force), that is permitted or
required by the Exemption Framework. The existing immunity from State and
Territory laws provided to members of the ADF under the Defence Act 1903 is to be
limited to ensure that the road transport exemptions set out in the Exemption
Framework can operate in the manner they are intended to.
The exemption is to cover the ADF, members of the ADF, defence civilians as
defined under the Defence Force Discipline Act 1982 and, to a limited extent, any
civilians and contractors operating a Defence vehicle for Defence purposes that has a
specific engineering exemption. It will also cover the armed forces of foreign
countries and members of those foreign armed forces acting in accordance with an
arrangement approved by the ADF.
FINANCIAL IMPACT
This Bill has no financial impact.
.
Defence (Road Transport Legislation Exemption) Bill 2005
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. The Bill will commence on Royal Assent.
Clause 3: Definitions
3. This clause sets out definitions of terms used in the Bill, some by reference to
meanings set out in the Exemption Framework. The Exemption Framework is the
Framework developed in accordance with clause 20 of the Intergovernmental
Agreement that was entered into in relation to the National Transport Commission
Act 2003.
Clause 4: Definition of road transport law
4. This clause provides that any written law of a State or Territory that relates to
the use of vehicles in a place to which the Exemption Framework applies, or any law
declared by the regulations to be a road transport law, is a road transport law for the
purposes of this Bill. The regulations may also declare that a State or Territory law
falling within the definition is not a road transport law for the purposes of this Bill.
Clause 5: ADF exemption from road transport laws
5. Sub-clause 5(1) provides for the exemption of particular persons from State
and Territory road transport laws in relation to anything done or omitted to be done
for a defence-related purpose provided the thing is done or omitted in accordance
with the Exemption Framework. The particular persons who are to be exempt are the
Australian Defence Force (ADF), members of the ADF, and defence civilians (within
the limited meaning of the Defence Force Discipline Act 1982).
6. Sub-clause 5(2) provides a limited exemption in respect of defence contractors
and defence employees who are operating a defence vehicle that has a specific
engineering exemption. The vehicle must be being used for a defence-related purpose
and the exemption only applies to the extent of the matters to which the specific
engineering exemption relates. Defence contractors and defence employees will still
be required to comply with all the other State and Territory road transport laws that
apply to them, such as the requirement to hold a valid operating licence and comply
with road rules.
7. Sub-clause 5(3) provides the definition of defence-related purpose. The
purposes described include a wide range of ADF operations in connection with the
defence and security of Australia, and the provision of civil aid, humanitarian
assistance and support to significant community activities.
Clause 6: Foreign forces exemption from road transport laws
8. Clause 6 exempts the armed forces of foreign countries and members of those
forces from State and Territory road transport laws for anything done or omitted to be
done in connection with their operations provided they are done or omitted in
accordance with an arrangement approved by the ADF and the Exemption
Framework.
Clause 7: Application of the Defence Act 1903
9. Sub-clause 7(1) provides that this Bill does not limit the operation of the
Defence Act 1903 except as provided in sub-clause (2).
10. Sub-clause 7(2) relates to subsection 123(1) of the Defence Act 1903.
Subsection 123(1) provides an extensive immunity to members of the ADF from any
State or Territory law requiring the member to have permission to use, possess or
register a vehicle or other thing belonging to the Commonwealth or that requires the
member to have permission to do anything in the course of the member's duties. By
adopting the Exemption Framework, Defence is choosing to limit this immunity but
only to the extent that subsection 123(1) is not to apply to a permission or
requirement under the provisions of any State or Territory road transport law which is
dealt with under the Exemption Framework. Any ADF activities not specifically
covered by the Exemption Framework retain their existing immunity under section
123 and other Defence powers.