Defence (Road Transport Legislation Exemption) Act 2006

The Act rests on a small set of defined terms and cross-references. Key concepts are:

• Exemption Framework (s 3). The statutory text embraces the Australian Defence Force Road Transport Exemption Framework as referred to in clause 20 of the Intergovernmental Agreement. The Framework is part of the Act’s operative anatomy despite being an external instrument. The Act expressly allows the Framework to be amended from time to time, and notes that it is published on the National Transport Commission’s website. Therefore the Framework’s content, as amended, governs the scope of permitted or required conduct that will attract an exemption.

• Road transport law (s 3, s 4). The Act treats “road transport law” as a written State or Territory law relating to the use of vehicles in a place to which the Exemption Framework applies, with a formal role for regulations to expand or limit that reach (s 4(1)(a) and (b), s 4(2)). The definition expressly includes subordinate legislation and individual provisions of a law (s 4(3)). The point is that not every State/Territory law will be in scope; whether a particular road rule is covered depends on whether the Exemption Framework applies in the relevant place and whether Commonwealth regulations have modified the coverage.

• Defence actors (s 3, s 5). The principal exempt classes are the Australian Defence Force (ADF) as an organisation, members of the ADF, and defence civilians (s 5(1)). The Act also contemplates defence contractors and defence employees; these are only exempt in the narrower circumstance that they operate a defence vehicle that holds a “specific engineering exemption” under the Exemption Framework and then only to the extent of the matters to which that specific exemption relates (s 5(2)). “Defence vehicle” and the contractor/employee definitions are supplied by the Exemption Framework (s 3).

• Defence‑related purposes (s 5(3)). The Act lists a non‑technical catalogue of purposes related to defence and security, ADF operations, preparations for defence, emergency and disaster management where the ADF is involved, civil aid, humanitarian or medical relief, peacekeeping or peace enforcement, United Nations activities, assistance to Commonwealth, State, Territory or foreign agencies in matters affecting defence or security interests, protection of Commonwealth or State interests from domestic violence on application, and support to community activities of national or international significance. That list is exhaustive within the Act and sets the statutory bounds on what counts as a defence‑related purpose under s 5.

• Foreign armed forces (s 6). Foreign armed forces and their members can also be exempt, but only where the actions are done in accordance with an arrangement approved by the ADF and as required or permitted by the Exemption Framework. The ADF’s approval of an arrangement is an expressed statutory gate for the foreign force exemption.

• Interaction with Defence Act 1903 (s 7). The Act preserves the Defence Act except for a limited modification: subsection 123(1) of the Defence Act 1903 does not apply to certain permissions or registration requirements imposed by State or Territory road transport law where the Exemption Framework makes provision about those permissions or requirements (s 7(2)). That creates a specific, enumerated interaction between this Act, the Exemption Framework and the Defence Act.

Conceptually, the Act therefore substitutes a Commonwealth‑sourced rule set for certain State/Territory road transport rules in specified defence contexts, with the external Exemption Framework being the operative instrument that describes permitted or required conduct and the spatial and subject coverage. The Act contemplates Commonwealth regulations that can alter whether particular State/Territory laws fall within the statutory concept of road transport law for the Act’s purposes (s 4). The substance of exemptions will therefore be discovered by reading the Act in tandem with the Exemption Framework and any relevant Commonwealth regulations.

The Act identifies narrow classes of persons and entities whose legal position under State and Territory road transport laws is altered when they act in specified defence contexts.

• Primary beneficiaries: the Australian Defence Force as an entity, members of the ADF, and defence civilians (s 5(1)). When these persons do or omit to do something in connection with one or more defence‑related purposes and the action is required or permitted by the Exemption Framework, they are exempt from State and Territory road transport laws in respect of that action. In practical terms the ADF and its personnel will be the category most likely to use the exemption in routine and operational contexts.

• Defence contractors and defence employees: these persons are not automatically covered. They are exempt only where they operate a defence vehicle that has a specific engineering exemption, the operation is in connection with a defence‑related purpose, and even then the exemption applies only to the matters to which that specific engineering exemption relates (s 5(2)). This is a narrower, vehicle‑specific relief that requires the existence of a specific engineering exemption in the Exemption Framework.

• Armed forces of foreign countries and their members: these are eligible for exemption provided two conditions are met. First, the relevant actions must be in accordance with an arrangement approved by the Australian Defence Force. Second, the actions must be required or permitted by the Exemption Framework (s 6). The ADF’s approval is an internal Commonwealth decision that is a statutory precondition to the exemption for foreign forces.

• States and Territories and their enforcement agencies: while not “affected” in the sense of being made liable by the Act, State and Territory road transport regimes will not apply to exempted persons for the specified matters. The Act therefore changes the legal exposure and enforcement reach of State and Territory road transport laws in specified circumstances (s 5, s 6). The precise boundaries of this change depend on whether the State or Territory law falls within the Act’s definition of road transport law (s 4).

• Other road users: the Act does not create direct obligations or rights for third parties, but the practical consequence is that exempted ADF activities may be conducted outside normal State or Territory road transport constraints. Third parties may therefore face changed operational realities where an exemption is in force, for example during emergency or disaster management or when ADF convoys are operating, but the Act does not itself confer rights on, or obligations to, those third parties.

Those seeking to rely on the Act must therefore be the persons named in the categories above and must ensure that their conduct is in the precise relation to the Exemption Framework and the listed defence‑related purposes that the Act requires. Similarly, persons outside those classes, including ordinary contractors who lack a specific engineering exemption or foreign forces without an ADF‑approved arrangement, will not be covered by the Act.

The Act primarily confers exemptions rather than imposing new duties. Nevertheless, it creates legal rights (to be exempt) conditional on meeting specified criteria and leaves several operative duties and decision points in related instruments.

Rights created by the Act:

• Exemption right for ADF and related actors. The Australian Defence Force, its members and defence civilians have the right not to be subject to State and Territory road transport laws in respect of acts done or omitted in connection with a defence‑related purpose, but only if those acts are required or permitted by the Exemption Framework (s 5(1)). The right is therefore conditional and tied to conformity with the Exemption Framework.

• Limited exemption right for contractors/employees. A defence contractor or defence employee obtains an exemption only when operating a defence vehicle that has a specific engineering exemption and only in relation to the specific matters covered by that engineering exemption (s 5(2)). This is a narrow, scope‑limited right.

• Right for foreign armed forces where conditions met. Foreign armed forces and their members may be exempt when actions are in accordance with an arrangement approved by the ADF and required or permitted by the Exemption Framework (s 6). That makes ADF approval part of the chain of entitlement.

Duties and decision points implicated by the Act:

• Conformity with the Exemption Framework. The substantive duty implicit for those seeking the exemption is to act only where their conduct is required or permitted by the Exemption Framework. The Act places the Framework at the centre of entitlement. It follows that operational decisionmakers must ensure actions are consistent with the Framework’s rules and any specific engineering exemptions, which shifts a compliance duty onto the actor and their organisational compliance systems.

• Interaction with State and Territory permissions/registrations and the Defence Act 1903. Subsection 7(2) alters the interaction with subsection 123(1) of the Defence Act 1903. Specifically, s 123(1) will not apply to certain permissions or registration requirements that State or Territory road transport laws would require of members using Commonwealth property or in performance of their duties, but only to the extent that the Exemption Framework “makes provision” in relation to such permission or requirement (s 7(2)). That creates a duty to ensure the Exemption Framework has made the necessary provisions before relying on non‑application of s 123(1).

• Regulatory instruments and the reach of “road transport law”. The Act does not itself list the State or Territory laws that will be overridden. Instead, s 4 provides that the Act applies to a law of a State or Territory to the extent the law relates to vehicle use in places where the Exemption Framework applies, or if regulations declare the section applies or does not apply. That creates a duty to consult the Exemption Framework and relevant Commonwealth regulations to establish whether a particular State or Territory road transport law is within the Act’s displacement scope.

• Decision to approve arrangements for foreign armed forces. The ADF is the decisionmaker for approving arrangements that permit foreign armed forces to rely on the exemption (s 6(a)). While the Act does not prescribe processes or criteria for that approval, the statutory structure makes ADF approval a prerequisite.

What the Act does not do as a duty: it does not create new Commonwealth road‑traffic offences or specify penalty regimes for breaches of State or Territory law when the exemption applies. It does not itself impose affirmative procedural duties such as notification, recordkeeping, or reporting provisions; those operational duties, if any, will be located in the Exemption Framework or implementing instructions rather than in the Act text.

The Act does not introduce new penalty provisions or specify enforcement mechanisms. Its operative effect is to negate the application of State and Territory road transport laws to defined persons and activities when the statutory tests are met. Practical enforcement consequences and responsibilities therefore follow from that negative operation.

Direct consequences under the Act:

• No penalties in the Act. The Act contains no criminal or civil penalty provisions, and does not provide for enforcement action by Commonwealth bodies in relation to State or Territory road transport offences. The text instead removes the reach of State and Territory law where its conditions are satisfied (see s 5 and s 6). This means that the Act itself will not provide a new enforcement instrument separate from existing law.

• Residual exposure to non‑road transport laws. Because the exemption is defined by reference to “road transport law” as described in s 4, exempted conduct may still attract other State, Territory or Commonwealth laws outside the Act’s definition if those laws are not “road transport law” or are otherwise excluded from the Act’s operation. The Act therefore does not insulate actors from every form of legal liability that might arise during the conduct; it is confined to road transport laws as defined.

• State/Territory enforcement agencies. Where an exemption applies to a particular actor and act, State or Territory enforcement agencies will not be able lawfully to apply their road transport statutes to that act. That changes the practical enforcement landscape in the relevant activity window. The Act does not set out a procedure for how State or Territory enforcement agencies should cease enforcement; that operational detail will rely on the Exemption Framework and intergovernmental arrangements.

Points that increase the potential for enforcement disputes:

• Factual questions. The exemptions hinge on factual determinations that a thing was done “in connection with” a defence‑related purpose and that it was “required or permitted” by the Exemption Framework (see s 5(1) and s 6). Those are the kinds of questions that can give rise to disputes about whether the exemption applies to particular conduct, potentially attracting litigation in State or Territory courts where an enforcement action is initiated and the defendant contends an exemption applies.

• Scope of “road transport law”. The Act’s displacement operates only for laws to which s 4 applies. Subsection 4(1) provides for a combination of subject‑matter and regulatory determinations, and s 4(2) allows for regulations to declare exclusions. Disagreement over whether a specific State law is within the Act’s definition would be a live enforcement‑related dispute.

• Interaction with the Defence Act 1903. Subsection 7(2) alters the application of subsection 123(1) of the Defence Act 1903 for particular permissions or registration requirements where the Exemption Framework makes provision. That can create a jurisdictional overlap and potential dispute about whether the Exemption Framework properly made such provision, and whether s 123(1) therefore does not apply.

In short, enforcement under the Act is indirect. The Act eliminates State and Territory enforcement capacity in defined cases rather than creating a Commonwealth enforcement alternative. The absence of statutory penalty provisions in the Act means that enforcement and any sanctions will continue to be governed by pre‑existing State, Territory or Commonwealth instruments except where the exemption removes the State or Territory law’s operation.

The Act is explicitly cross‑referential and designed to operate alongside other instruments at Commonwealth, State and Territory level. The text provides several specific cross‑links and leaves others to the Exemption Framework and to regulations.

Interaction with State and Territory road transport laws

• Displacement mechanism. The Act exempts particular actors from State and Territory road transport laws “in respect of” things done or omitted in connection with a defence‑related purpose where required or permitted by the Exemption Framework (s 5(1), s 6). The operative mechanism is therefore an express statutory preemption for defined acts, displacing the application of particular provisions of State and Territory law as they apply to those acts. Whether a given State or Territory law is displaced depends on whether it is a “road transport law” within the meaning of the Act (s 4). That requires examination of the Exemption Framework’s spatial reach and any Commonwealth regulations.

• Regulatory modification. Section 4 contemplates Commonwealth regulations that can declare that section 4 applies to a law, or alternatively declare that the section does not apply to a law (s 4(1)(b), s 4(2)). This gives the Commonwealth regulatory apparatus a role in deciding the scope of State/Territory laws that the Act may displace. The Act does not itself set out detailed processes for those regulations; they are merely contemplated.

Interaction with the Exemption Framework and the Intergovernmental Agreement

• Incorporated external instrument. The Exemption Framework is the principal substantive instrument referred to throughout the Act. The Act defines relevant terms to be as in the Exemption Framework (s 3), relies on the Framework to authorise or require conduct that will attract the exemption (s 5, s 6), and recognises that the Framework may be amended from time to time (s 3). The Framework itself is said to be referred to in clause 20 of an Intergovernmental Agreement and is published on the NTC website (s 3). The Act therefore operates as a statutory overlay that depends on an external administrative instrument for much of its content.

Interaction with the Defence Act 1903

• Preservation and limited modification. Subsection 7(1) preserves the operation of the Defence Act 1903 generally. Subsection 7(2) makes a focused modification: subsection 123(1) of the Defence Act 1903 does not apply to a permission or registration requirement that a State or Territory road transport law would impose on a member of the ADF to the extent that the Exemption Framework makes provision about that permission or requirement (s 7(2)). That creates a defined point of legal interaction where the Exemption Framework can operate to displace a Defence Act provision that would otherwise govern the necessity of State/Territory permissions for Commonwealth property or members’ duties.

Interaction with other Commonwealth, State and Territory laws

• Non‑road transport laws. The Act is confined to “road transport law” as defined in s 4. It does not state that exempt acts are free from other State, Territory or Commonwealth laws unrelated to road transport. Therefore, where other laws (for example laws about public safety, criminal law, environmental law or administrative law) remain applicable, their operation is not altered by this Act unless they fall within the Act’s road transport law definition and are otherwise displaced by regulation (s 4). Practitioners should therefore treat the Act as creating a targeted exemption, not a comprehensive legal cover.

Practical implication of interactions

• The Act’s legal effect depends on the Exemption Framework and on whatever Commonwealth regulations are made under s 4. To determine whether a specific State/Territory law is displaced, and whether particular conduct is covered, a user must read this Act alongside the Exemption Framework and any relevant regulations. The Act sets the legal architecture; the frameworks and regulations supply the operative detail.

The Act text supplied is the Act as enacted in 2006 and does not itself contain amendment notes within the text. The short title provision identifies the Act as the Defence (Road Transport Legislation Exemption) Act 2006 (s 1), and the commencement provision states the Act commences on the day it receives Royal Assent (s 2). There are no amendment clauses, savings provisions, transitional arrangements or notes of subsequent legislative amendments included in the supplied text.

Two features of the Act are relevant to amendment and amendment risk even though the Act text contains no express amendment history:

• External amendability of the Exemption Framework. The Act incorporates the Exemption Framework by reference and expressly includes the Framework “as amended from time to time” (s 3). That means that changes to the Framework, which is a separate administrative instrument published on the National Transport Commission’s website, will alter the operative content of the exemption regime without amendment to this Act. From a statutory architecture perspective, the Exemption Framework is therefore a dynamic source of substantive change rather than this Act being the sole locus of alteration.

• Regulatory discretion under s 4. Section 4 allows regulations to declare that s 4 applies to a law or does not apply to a law (s 4(1)(b), s 4(2)). That regulatory power permits changes to the set of State and Territory laws within the Act’s scope by subordinate legislative instruments rather than by amending the Act itself. Consequently, the practical coverage of the Act can be extended or contracted through regulations.

Because the supplied text does not list any subsequent amendments, a reader must rely on external sources to determine whether the Act has in fact been amended since 2006 and whether the Exemption Framework has been revised. The Act as provided therefore indicates mechanisms by which the substantive exemption regime can evolve through amendment of the Exemption Framework and through regulations, rather than by alteration of the Act’s text itself.

The supplied Act text contains no references to cases, judicial interpretations or litigation history. It does not cite precedent or list disputes that have arisen under the Act. Given the Act’s structure and the types of determinations it contains, practitioners should expect potential litigation areas, but these are not recorded in the statute as provided.

Potential litigation vectors suggested by the Act’s terms include:

• Whether a particular act was “required or permitted by the Exemption Framework” (s 5(1), s 6). The fact‑sensitive nature of that test can lead to contested factual findings. Courts may be asked to assess whether the Exemption Framework actually authorised or required the contested conduct, and whether the actor complied with the Framework’s conditions. Absent the Framework text in the Act, judicial interpretation will require recourse to the Framework and possibly to contemporaneous administrative records or operational orders.

• The meaning of “in connection with” a defence‑related purpose (s 5(1), s 5(3)). The Act lists defence‑related purposes in s 5(3) and attaches exemption where actions are connected to those purposes. Disputes may arise about whether the connection is sufficient to engage the exemption. Judicial resolution would require fact finding about the purpose of the operation and its link to the listed categories.

• The scope of “road transport law” for the Act’s purpose (s 4). Because the Act’s displacing effect turns on whether a State or Territory law is a “road transport law” to which s 4 applies, litigation could focus on whether a particular provision of State law is within the Act’s remit. Subsection 4(3) confirms that “law” includes subordinate legislation and provisions, but the spatial and subject coverage in s 4(1) and (2) could produce dispute.

• Interactions with the Defence Act 1903. Subsection 7(2) removes the operation of s 123(1) of the Defence Act 1903 in certain circumstances. Litigation could test whether the Exemption Framework has in fact “made provision” in the required way to trigger the non‑application of s 123(1), leading courts to interpret the relationship between the two Acts.

• Contractors’ limited exemptions. The narrow, vehicle‑linked exemption in s 5(2) may be the subject of disputes about whether a specific vehicle has the required “specific engineering exemption” under the Exemption Framework and whether the operation falls within the technical scope of that exemption.

None of the above litigation paths are recorded in the provided statute. Practitioners requiring a record of cases will need to consult court databases, otherwise the Act itself only defines the possible contestable legal issues without providing outcomes or precedent.

The Act’s brevity and reliance on an external Exemption Framework create several practical traps for users who assume the Act alone tells the whole story. The following are concrete issues that arise from the text and that practitioners should be alert to:

• Exemption depends on the Exemption Framework. The statutory exemptions in s 5 and s 6 only apply when the relevant action is “required or permitted by the Exemption Framework” (s 5(1); s 6). The Act itself does not contain the detail of permitted conduct. Anyone relying on the Act must consult the Exemption Framework as it currently stands. Because the Framework is amenable “from time to time” (s 3), its content can change without amendment to the Act.

• Contractors and employees face a narrower test. A defence contractor or defence employee does not obtain the general exemption available to the ADF and its members. They are exempt only when operating a defence vehicle that has a “specific engineering exemption” and only to the extent of the matters to which that engineering exemption relates (s 5(2)). That means a contractor who is not operating such a vehicle, or who assumes a more general exemption, may be exposed to State/Territory road transport laws.

• “Road transport law” is not automatically all State regulation. Section 4 sets out a twofold test for whether a State or Territory law is within the Act’s reach: it must relate to the use of vehicles in places where the Exemption Framework applies, or be declared by regulations to be within scope (s 4(1)(a) and (b)). Subsection 4(2) permits regulations to declare that s 4 does not apply to a law. Ergo, one cannot assume every State traffic law is displaced; the Act’s displacement is contingent on the Framework’s spatial application and on any relevant Commonwealth regulations.

• The Act does not remove other legal liabilities. The exemption applies only to “road transport laws” as defined. It does not free an actor from other criminal, civil or administrative laws that are not captured by that definition. In practice, the same conduct might still attract liabilities under other legal regimes.

• Proof of operational connection will be factual and operational. The exemption requires that the thing be done “in connection with” a defence‑related purpose as enumerated in s 5(3). In ambiguous operational situations (for example where ADF activities overlap with civil authorities during emergencies or community events), the connection may be contested. Documentation showing the operational purpose and that the conduct was required or permitted by the Framework will therefore be critical.

• Foreign forces require ADF approval of arrangements. Exemption for armed forces of foreign countries depends on an arrangement approved by the Australian Defence Force (s 6). Absence of such an approved arrangement means the foreign force cannot presume to be exempt under the Act.

• The Act modifies s 123(1) of the Defence Act 1903 only in limited respects. Subsection 7(2) does not simply abolish s 123(1); it exempts certain permissions or registration requirements from s 123(1) “to the extent that the Exemption Framework makes provision” on those subjects. Users cannot rely on a blanket non‑application of s 123(1).

• Reliance on administrative practice. Because the Exemption Framework is external and amendable, reliance on operational practice, internal ADF directions or local Commander instructions is not sufficient unless those practices fall within and comply with the Framework. The Act ties legal entitlement to the Framework’s provisions, not to informal practice.

• No statutory notice or recordkeeping obligations in the Act. The Act does not require any formal notification to State authorities when an exemption is to be relied upon, nor does it provide a statutory mechanism for resolving disputes between Commonwealth and State authorities over application. Those operational arrangements, if they exist, will be found in the Exemption Framework or intergovernmental protocols.

These “gotchas” follow directly from the text and structure of the Act. They point to a practical rule: to use the exemption lawfully, actors must confirm the current Exemption Framework text, check relevant regulations under s 4, ensure ADF approvals where relevant, and document the connection to a listed defence‑related purpose.

Complying with the legal regime established by the Act requires attention to the Act itself, the Exemption Framework to which it refers, and any Commonwealth regulations made under s 4 that alter coverage. The following steps set out a compliance‑oriented checklist grounded in the statutory text.

1. Confirm identity and eligibility under the Act

• Verify the actor seeking the exemption is one of the classes listed in s 5(1) or s 5(2) (ADF, members, defence civilians, or a defence contractor/employee operating a defence vehicle with a specific engineering exemption). For foreign armed forces, confirm there is an ADF‑approved arrangement (s 6).

2. Read the Exemption Framework

• Obtain the current Exemption Framework published on the National Transport Commission’s website, as the Act expressly relies on that instrument and accepts its amendments “from time to time” (s 3). The Framework is the operative document that authorises or requires conduct that will attract the statutory exemption. Compliance requires acting only where the Framework permits or requires the action (s 5(1); s 6).

3. Establish the defence‑related purpose

• Map the intended activity to the catalogue of defence‑related purposes in s 5(3). The exemption attaches only where the thing done or omitted is “in connection with” one or more of those purposes. Record the operational objective and any orders or tasking that demonstrate the connection to a listed purpose.

4. For contractors/employees, confirm specific engineering exemptions

• If you are a defence contractor or defence employee who expects to rely on the exemption, confirm that the particular defence vehicle being operated holds a specific engineering exemption under the Exemption Framework and identify the exact matters to which that engineering exemption relates (s 5(2)). Ensure operations remain within the technical scope of that engineering exemption.

5. Check whether the relevant State/Territory law is within the Act’s scope

• Determine whether the particular State or Territory law you expect to be displaced qualifies as “road transport law” for the Act’s purposes. Section 4 requires that the law relates to the use of vehicles in a place to which the Exemption Framework applies, or that regulations have declared s 4 applies (s 4(1), s 4(2)). Consult Commonwealth regulations to see if any declarations or exclusions have been made.

6. Document authorisation and required/ permitted status

• Keep a contemporaneous record demonstrating that the action was required or permitted by the Exemption Framework and that it was in connection with a defence‑related purpose. Given the fact‑sensitive nature of exemption entitlement, documentary proof of the Framework provision relied upon, orders or tasking, approvals and technical exemptions will be vital to defend any dispute.

7. If foreign armed forces are involved, confirm ADF approval

• Ensure there is an arrangement approved by the ADF authorising the foreign force’s operations in Australia and that the actions are required or permitted by the Exemption Framework (s 6). Without ADF approval the exemption does not apply.

8. Consider other sources of legal exposure

• Remember the Act displaces only “road transport law” as defined. Assess whether other Commonwealth, State or Territory laws might still apply to the activity, including criminal law, occupational health and safety regimes, environmental laws and other public safety statutes. The Act does not provide blanket immunity outside the defined road transport law scope.

9. Review Defence Act interactions

• If the operation involves permissions or registration requirements for members of the ADF using Commonwealth property, check whether the Exemption Framework makes the requisite provision so that subsection 123(1) of the Defence Act 1903 will not apply (s 7(2)). If the Framework has not made such provision, the Defence Act provision may still govern.

10. Maintain an update process

• Given that the Exemption Framework is amendable and regulations under s 4 can change coverage, establish a process to monitor the Framework on the National Transport Commission’s website and to review any Commonwealth regulations that declare the application or non‑application of s 4 to particular State laws. Update operational guidance and training to reflect changes.

11. Training and internal control

• Ensure commanders, convoy leaders, contractors and vehicle operators understand that the exemption is conditional on the Framework and that operational orders that do not comply with the Framework may not attract statutory protection. Incorporate Framework cross‑references into standard operating procedures.

12. Manage interactions with State/Territory authorities

• Develop protocols for communicating with State or Territory enforcement bodies when exempted ADF activities will occur, even where no formal statutory notification is required. Such protocols will reduce the risk of on‑the‑ground conflict and may be specified in the Exemption Framework or in intergovernmental arrangements.

Following these steps aligns operational practice with the Act’s conditional exemption model. The statutory text places the Exemption Framework at the centre of lawful exemption and leaves the spatial reach of “road transport law” subject to s 4 and associated regulations. Compliance therefore requires treating the Act and the Framework together as the controlling legal source.