41BNational security and special circumstances exemptions—Australian Defence Force

##### 41B National security and special circumstances exemptions—Australian Defence Force (1) The Minister may, by written instrument, declare that: (a) the Australian Defence Force; and (b) members of the Australian Defence Force; are exempt from all uniform road transport legislation, or from specified provisions of uniform road transport legislation, in respect of anything done or omitted to be done in connection with one or more specified defence‑related purposes. > Note 1: Defence‑related purpose is defined by subsection (6). > Note 2: Uniform road transport legislation is defined by section 41G. (2) An exemption under subsection (1) may be: (a) unconditional; or (b) subject to such conditions as are specified in the declaration. (3) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that: (a) because of special circumstances, it is in the interests of the security, defence or international relations of Australia to make the declaration; or (b) both: (i) a State or Territory has applied for protection against domestic violence; and (ii) the making of the declaration is likely to assist the Australian Defence Force in providing that protection; or (c) both: (i) there is an emergency or disaster (whether natural or otherwise); and (ii) the making of the declaration is likely to assist the involvement of the Australian Defence Force in relation to the management of that emergency or disaster. (4) A declaration under subsection (1) has effect accordingly. (5) If: (a) the Australian Defence Force has completed an activity or a series of activities; and (b) that activity or series of activities has, to any extent, been the subject of an exemption under subsection (1) from the law in force in a State or Territory; and (c) the Chief of the Australian Defence Force is satisfied that, in the event that the State or Territory were to be notified accordingly, the notification would not prejudice the defence, security or international relations of Australia; the Chief of the Australian Defence Force must notify the State or Territory accordingly. (6) For the purposes of this section, a defence‑related purpose is a purpose related to any of the following: (a) the defence of Australia; (b) the security of Australia; (c) the operation of the Australian Defence Force in connection with the defence of Australia; (d) the operation of the Australian Defence Force in connection with the security of Australia; (e) the management of an emergency or disaster (whether natural or otherwise), where that management involves the Australian Defence Force; (f) the operation of the Australian Defence Force in connection with a peacekeeping or other activity carried out under the auspices of the United Nations; (g) the operation of the Australian Defence Force in connection with the protection of a State or Territory from domestic violence, where the State or Territory has applied for that protection.