Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 26

             (1)  Subject to subsection (2), Parts 3.1, 4.1 and 4.2 do not apply to anything done or omitted to be done by a member of the Defence Force, or by an officer of the Defence Department, if:

                     (a)  the act or omission takes place in the performance of one of his or her functions or duties as such a member or officer; and

                     (b)  the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to:

                              (i)  military command and control; or

                             (ii)  intelligence; or

                            (iii)  weapons systems.

             (2)  The regulations may provide for the application, in specified circumstances, of all or any of Parts 3.1, 4.1 or 4.2, or any of the provisions of those Parts, to a member of the Defence Force, or to an officer of the Defence Department, in the performance of one of his or her functions or duties as mentioned in subsection (1).