26Additional exemption for defence matters

#### 26 Additional exemption for defence matters (1) Subject to subsection (2), Parts 3.1, 4.1 and 4.2 do not apply to anything done or omitted to be done by a member of the Defence Force, or by an officer of the Defence Department, if: (a) the act or omission takes place in the performance of one of his or her functions or duties as such a member or officer; and (b) the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to: (i) military command and control; or (ii) intelligence; or (iii) weapons systems; or (iv) safety; or (v) security. (1A) Subject to subsection (3), Parts 3.1, 4.1 and 4.2 do not apply to anything done or omitted to be done by a member of a visiting force, or a member of a civilian component of a visiting force, if: (a) the act or omission takes place in the performance of one of the member’s functions or duties in relation to the defence, security or international relations of: (i) Australia; or (ii) a foreign country whose military is acting in co‑operation with the Defence Force; and (b) the act or omission relates to an activity that is approved in writing by a member of the Defence Force or an officer of the Defence Department; and (c) the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to: (i) military command and control; or (ii) intelligence; or (iii) weapons systems; or (iv) safety; or (v) security. (1B) Subject to subsection (4), Parts 3.1, 4.1 and 4.2 do not apply to anything done or omitted to be done by an authorised defence supplier if: (a) the act or omission takes place in the in the performance of one of the supplier’s functions or duties in relation to the supply of goods or services to the Defence Force or the Defence Department; and (b) the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to: (i) military command and control; or (ii) intelligence; or (iii) weapons systems; or (iv) safety; or (v) security. (2) The regulations may provide for the application, in specified circumstances, of all or any of Parts 3.1, 4.1 or 4.2, or any of the provisions of those Parts, to a member of the Defence Force, or to an officer of the Defence Department, in the performance of one of his or her functions or duties as mentioned in subsection (1). (3) The regulations may provide for the application, in specified circumstances, of all or any of Parts 3.1, 4.1 or 4.2, or any of the provisions of those Parts, to a member of a visiting force, or a member of a civilian component of a visiting force, in the performance of one of the member’s functions or duties as mentioned in subsection (1A). (4) The regulations may provide for the application, in specified circumstances, of all or any of Parts 3.1, 4.1 or 4.2, or any of the provisions of those Parts, to an authorised defence supplier in the performance of one of the supplier’s functions or duties as mentioned in subsection (1B). (5) An approval under paragraph (1A)(b) is not a legislative instrument.