Bruce Billson (Dunkley, Liberal Party, Minister Assisting the Minister for Defence) Share this | Hansard source

I move:

That this bill be now read a second time.

This bill clarifies the extent of Defence’s exemption from the operation of particular state and territory road transport laws in certain circumstances. It will enable the effective operation of the Defence Road Transport Exemption Framework, recently negotiated between Defence and state and territory road transport authorities. The agreed exemption framework details the exemptions and processes that will be applied uniformly across the states and territories to support the conduct of Australian Defence Force road transport operations. The Australian Transport Council endorsed the exemption framework on 18 November 2005.

This bill and the exemption framework it underpins, reinforces the need for the Australian Defence Force to operate its land vehicle fleet without restrictions imposed by Commonwealth, state and territory road transport laws. Exemptions from these laws enable the Australian Defence Force to move its capabilities effectively and efficiently along the Australian road transport network. Agreement to a national exemption framework further provides the Australian Defence Force with a consistent process in dealing with the requirements of individual state and territory jurisdictions.

Australian Defence Force members currently enjoy a wide immunity from state and territory licensing laws in relation to matters such as road transport under subsection 123(1) of the Defence Act 1903. This bill will better reflect the cooperative approach which underpins the exemption framework. It will limit the Defence exemption from state and territory legislation under section 123 of the Defence Act in this area and, in effect, replace it with the agreed exemption framework. The bill provides an opportunity to address any uncertainty regarding possible gaps in the scope of section 123, as well as providing a clear statement of the Defence intent to work closely with the states and territories in relation to road transport. The new exemption framework will be responsive to the requirements of the states and territories as the owners of the road transport infrastructure and Defence as the user.

The introduction of this bill is consistent with a similar approach adopted in 1998 to limit the immunity contained in the Defence Act and to replace it with a more specific exemption regime. At that time an amendment was made to the National Road Transport Commission Act 1991, providing the Australian Defence Force with a broad exemption for special defence related circumstances.

However these exemptions were never implemented, because the regime prescribed was dependent on the adoption by the states and territories of model road transport legislation, which did not occur. Following the review of the National Road Transport Commission Act by the Department of Transport and Regional Services, it was recommended that the Defence provisions should be carried forward to the replacement legislation. The replacement legislation, the National Transport Commission Act, was passed by parliament in 2003.

An intergovernmental agreement established to oversight the introduction of the National Transport Commission Act provided a mechanism for Defence and the state and territory governments to move forward in developing an appropriate exemption framework. Consequently, the parties, with the assistance of the National Transport Commission, have worked assiduously over the past two years to deliver a workable exemption framework. This result provides an excellent example of cooperation between the Commonwealth and the states and territories in support of the defence effort.

The exemption framework establishes the specific categories of exemptions that will apply for principal ADF routes used in exercises, operations and day-to-day activities. The exemptions involve specific engineering dimensions relating to the mass, size and width of Australian Defence Force land assets, as well as specific licensing and road rules exemptions for Australian Defence Force personnel. These exemptions will also apply to personnel from visiting foreign defence forces acting in accordance with an arrangement approved by the ADF.

Implementation of the exemption framework will occur over the next six to 12 months. Jurisdictions are expected to implement the exemption framework through their respective administrative processes on a voluntary basis. Defence will concurrently amend as required its Defence Road Transport Instructions to ensure internal compliance with the exemption framework.

Defence will be required to resolve outstanding issues with individual jurisdictions during this period before full implementation can be achieved. These matters will continue to be pursued in a consultative and cooperative manner. The exemption framework will be maintained by the National Transport Commission and will be available for public viewing on the National Transport Commission’s website.

Finally, it should be said that this bill does not impose any requirements on state and territory governments. It simply limits the current Defence immunity under subsection 123(1) of the Defence Act to ensure that the road transport exemptions set out in the exemption framework can operate in the manner that they are intended to.

This bill reflects Defence’s willingness to cooperate and to work with the states and territories on these matters, rather than utilising Commonwealth powers to impose an exemption solution on individual jurisdictions.

I present the explanatory memorandum and urge this chamber to support the bill.

See this speech in context