9Regulations not to apply in certain circumstances

9 Regulations not to apply in certain circumstances

(1) These Regulations do not apply to: (a) the packaging and marking, by the Australian Defence Force or the Department of Defence, of a Commonwealth explosive that has been recovered in an explosive ordnance disposal operation conducted by the Australian Defence Force or the Department of Defence; 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 NEQ of the explosives does not exceed 1 kilogram. (2) In this regulation:

approved special activity means an activity:

(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;

that is approved as a special activity by an authorised officer of the Australian Defence Force.

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.

authorised officer means an officer of the Australian Defence Force:

(a) who holds a rank not lower than the rank of Lieutenant Commander, Major or Squadron Leader; and
(b) who is authorised, or is included in a class of officers that is authorised, in writing, by the Chief of the Defence Force, or a service chief, to approve a special activity.