16Application to visiting forces of law relating to Defence Force

#### 16 Application to visiting forces of law relating to Defence Force (1) Where, under an enactment, a power is exercisable by an authority or person with respect to: (a) the Defence Force, a part of that Force, members of that Force or of a part of that Force or other persons connected in any way with that Force or a part of that Force; (aa) service tribunals, within the meaning of the Defence Force Discipline Act 1982; (ab) a court of inquiry or a board of inquiry appointed under regulations under the Defence Act 1903; (b) any property used or to be used for the purposes of that Force or a part of that Force; or (c) taking possession of any property to be so used, or acquiring (whether by agreement or compulsorily) any property so used or to be so used; the regulations may provide that that power shall, subject to such conditions (if any) as are prescribed, be exercisable by that authority or person with respect to a visiting force, its service tribunals, persons connected with the visiting force or property used or to be used by the visiting force to any extent to which the power would be exercisable if the visiting force were a part of the Defence Force. (2) The regulations may, subject to such conditions (if any) as are prescribed: (a) exempt a visiting force, its members, its service tribunals or persons in any way connected with a visiting force, or property used or to be used for the purposes of a visiting force, from the operation of any enactment specified in the regulations to any extent to which the force, its members, its service tribunals, such persons or such property would be, or would be capable of being, exempted if the force were a part of the Defence Force; and (b) confer on a visiting force, its members, its service tribunals, persons in any way connected with a visiting force or property used or to be used for the purposes of a visiting force any privilege or immunity specified in the regulations, being a privilege or immunity that would be enjoyed by, or would be capable of being conferred on, the force, its members, its service tribunals, such persons or such property if the force were a part of the Defence Force. (3) Where by an enactment the doing of anything is prohibited, restricted or required in relation to: (a) the Defence Force, a part of that Force, members or service tribunals of a part of that Force or persons in any way connected with a part of that Force; or (b) any property used or to be used for the purposes of the Defence Force or a part of that Force; the regulations may provide that the prohibition, restriction or requirement has effect in the case of a visiting force to any extent to which it would have effect if the visiting force were a part of the Defence Force. (4) Regulations made for the purposes of this section may contain such incidental, consequential and supplementary provisions as are expedient for the purposes of any provision of those regulations. (5) Any provision of regulations made for the purposes of this section may be expressed to apply either generally or in relation to a particular visiting force or in relation to a particular place. (6) Subsections (1) and (3) apply whether the power concerned is exercisable, or the prohibition, restriction or requirement concerned is imposed, by a provision expressly relating to the Defence Force or a part of that Force or by a more general provision. (7) Subsection (2) applies whether the exemption, privilege or immunity concerned would subsist, or be capable of being conferred, by virtue of an enactment so providing or by reason that an enactment does not bind Australia. (8) In this section: > enactment means an Act, an Ordinance of a Territory and any regulation, order or other instrument having effect by virtue of an Act or such an Ordinance. > property includes both real and personal property.