120Independence from ADF chain of command

120 Independence from ADF chain of command

(1) This section applies if: (a) a member of the Regulator is also a member of the Australian Defence Force; and (b) by reason of being a member of the Australian Defence Force, the member would, apart from this section, be subject to the command, direction or instruction (an ADF command) given by another person in connection with the Australian Defence Force. (2) The member is not subject to any ADF command in relation to the performance of the member’s functions under this Act.

Note: This section will not apply to the Director‑General or Deputy Director‑General because they cannot be members of the Australian Defence Force (see subsection 109(3)).