9This Part not to apply in certain circumstances

9 This Part not to apply in certain circumstances

(1) This Part does not apply to: (a) the packaging and marking, by the Australian Defence Force or the Department, of a Commonwealth explosive that has been recovered in an explosive ordnance disposal operation conducted by the Australian Defence Force or the Department; or (b) a person who is involved in the transport of Commonwealth explosives during: (i) an approved special activity carried on by the Australian Defence Force; or (ii) any training or other activity carried on for that approved special activity; or (c) the transport of an explosives demolition kit by the Australian Defence Force or the Australian Federal Police for the demolition of explosives; or (d) a person who is involved in the transport of Commonwealth explosives during: (i) an authorised covert operation carried on by the Australian Federal Police; or (ii) any training or other activity carried on for that operation; or (e) a person who is involved in the transport of Commonwealth explosives during: (i) an operation carried on by that part of the Australian Federal Police known as the AFP special operations team; or (ii) any training or other activity carried on by that team for that operation; or (f) explosives subject to customs control under the Customs Act 1901, other than any of those explosives for which a permission to move under section 71E of that Act has been given; or (g) a person who is involved in the transport of Commonwealth explosives that have been detected and seized by a Commonwealth public official in circumstances in which it is reasonable to believe that there is a threat to national security or public safety; or (h) the transport of Commonwealth explosives on a light vehicle by a Commonwealth public official if: (i) the explosives are authorised explosives within the meaning of the AE Code; and (ii) the explosives do not include detonators; and (iii) the net explosive quantity of the explosives is one kilogram or less. (2) The Chief of the Defence Force, or a service chief, may, in writing, authorise a person for the purposes of this subsection, if the person is: (a) an officer of the Navy who holds the rank of Lieutenant Commander or a higher rank; or (b) an officer of the Army who holds the rank of Major or a higher rank; or (c) an officer of the Air Force who holds the rank of Squadron Leader or a higher rank. (3) An authorised officer may, in writing, for the purposes of this subsection, approve an activity, if the activity is: (a) for the purposes of, or a purpose related to, the defence of the Commonwealth; or (b) for any utilisation of the Australian Defence Force under Part IIIAAA of the Defence Act 1903. (4) In this section:

approved special activity means an activity approved under subsection (3).

authorised covert operation means an operation within the functions of the Australian Federal Police that is authorised as a covert operation by a member of the Australian Federal Police at or above the rank of sergeant.