15Sections 12 and 13 do not apply in certain circumstances

15 Sections 12 and 13 do not apply in certain circumstances

(1) Sections 12 and 13 do not apply to: (a) a person who is involved in the transport of authorised Commonwealth explosives in a place: (i) that is occupied or controlled by the Defence Force or a part of the Defence Force; or (ii) that was declared, under repealed regulation 49 of the Defence Force Regulations 1952, to be a defence practice area; or (iii) that is declared, under regulations made for the purposes of the Defence Act 1903, to be a defence area; or (iv) where Commonwealth explosives are manufactured or tested; or (b) the transport, between a place that is occupied or controlled by a part of the Defence Force and a nearby place where a particular training exercise is being, or is to be, carried out by that part of the Defence Force, on a vehicle forming part of the equipment of that part of the Defence Force, of authorised Commonwealth explosives to be used for the purposes of that training exercise.

Note 1: In relation to subparagraph (1)(a)(ii): Part XI of the Defence Force Regulations 1952 continues to apply in relation to a defence practice area that was, immediately before the repeal of those regulations, declared under subregulation 49(1) of those regulations (see subsection 87(3) of the Defence Regulation 2016).

Note 2: There are also exemptions included in the AE Code (see Chapter 1 of the AE Code).

(2) In this section:

Defence Force means:

(a) the Australian Defence Force; or
(b) the naval, military or air forces of another country that are in the Commonwealth or a Territory, with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.