4Definitions

4 Definitions

In this instrument: Act means the Work Health and Safety Act 2011. defence civilian has the same meaning as in the Defence Force Discipline Act 1982. defence member means: (a) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or (b) a member of the Reserves who: (i) is rending continuous full-time service; or (ii) is on duty or in uniform; or (c) a defence civilian who is involved in a warlike operation or non‑warlike operation. deployed defence member means a defence member who is posted, assigned or attached for duty to: (a) a United Nations’ force; or (b) a foreign or multinational force; or (c) the Australian Defence Force performing duties outside Australia. non-warlike operation means an operation: (a) that occurs outside Australia; and (b) that uses deployed defence members; and (c) that is unlikely to result in fatalities; and (d) that includes a risk to deployed defence members that is greater than the risk faced by defence members undertaking peacetime duties; and (e) for which deployed defence members are authorised to use lethal force in the following circumstances only: (i) self-defence; (ii) when defending another person. Examples 1 Mine avoidance and clearance operations. 2 Weapons inspection and destruction operations. 3 Service protected or assisted evacuation operations. 4 Peacekeeping operations. warlike operation means an operation: (a) that occurs outside Australia; and (b) that uses deployed defence members; and (c) that is likely to result in fatalities; and (d) for which deployed defence members are authorised to use lethal force for specific military objectives. Examples 1 Operations undertaken as part of a declared war. 2 Combat operations against an armed adversary. 3 Peace enforcement operations.

5 Provisions of Act declared not to apply to specified activity

For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 1 does not apply to the activity specified in the item.

6 Provisions of Act declared not to apply to class of members

For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 2 does not apply to a defence member in the class of defence members specified in the item.