Robert McClelland (Barton, Australian Labor Party, Shadow Minister for Defence) Share this | Hansard source

At the outset may I congratulate the Minister for Veterans’ Affairs on his appointment as Minister Assisting the Minister for Defence. I know he will do his job in a direct and forthright way because I can confirm that the minister has absolutely no capacity to sidestep!

In addressing the issues raised in the Defence (Road Transport Legislation Exemption) Bill 2005 the minister, in his second reading speech, obviously summarised the substance of the bill, but it is appropriate for the opposition to record our reasons for supporting the measures.

The Australian Defence Force operates vehicles on the roads of Australia in the exercise of its operational capability as well as in the day-to-day activities in defence of the country. Such activities are conducted in proper recognition of the fact that ownership and administration of the bulk of road transport infrastructure in Australia is vested in the states and territories, and the ADF is using that infrastructure in pursuit of its duties to the Australian people.

Section 123 of the current act provides that members of the ADF have a degree of immunity from the operation of certain state and territory road transport laws, such as licensing. It is appropriate that the extent of such immunity or exemption be clarified for the benefit of the states and territories, as well as the ADF and, importantly, for its members. This bill provides such clarification and limits the immunity by underpinning an exemption framework, which has been developed, as the minister outlined, in a process of consultation between the ADF and the state and territory road transport authorities, with the assistance of the National Transport Commission.

The bill details the exemptions and processes to be applied uniformly across the states and territories. Such exemptions will be implemented by the states and territories in accordance with their respective policies and by the ADF through Defence instructions pertaining to road transport. As I understand the current position, it has been necessary for the Defence Force to obtain a myriad of exemptions from specific routes and, while these routes are frequently common routes and those exemptions are, in effect, standing exemptions, it can be time consuming from the point of view of both the military and local transport authorities.

Importantly, the bill is designed to maintain the operational capabilities of the ADF by detailing Defence requirements in relation to road transport, whilst recognising the unique requirements of the ADF operating environment. It is intended to allow the ADF to perform its critical function of the defence of our nation without restrictions imposed by Commonwealth, state and territory divisions with respect to this important area of road transport laws.

Equally important, the bill ensures the safety of other road and transport users and protects the national road infrastructure and facilities used by the ADF, as well as the environment. The exemptions apply when ADF members, and others specifically authorised, are using vehicles and infrastructure for defence related purposes. The criterion of ‘defence related purpose’ is sufficiently broad to cater for the array of activities in which our defence personnel are likely to be engaged in pursuit of their duties. Such activities include defence and security functions, emergency and disaster management or relief, humanitarian and medical assistance and the provision of support to nationally and internationally significant community activities. Such is the versatility of our defence personnel that such versatility demands an equally unrestrictive operating environment for the logistic support provided by the road transport system.

The close working relationship developed between the ADF and the armed forces of foreign countries is reflected in the bill in that the exemptions also apply to such armed forces and their members, provided that their activities are carried out in accordance with arrangements approved by the ADF. Obviously, that is vitally important in the context of any joint exercises that may occur and which frequently do occur within our country.

The system of accredited driver training provided to ADF members is recognised by the exemption framework by way of certain licence exemptions. Where a requirement exists under state and territory legislation for a special licence, accredited ADF training of a similar standard is recognised as being in compliance with state and territory requirements such that the training is deemed to have occurred. A safeguard exists in terms of licensing in that ADF drivers are required to carry and produce on demand their current defence licence, driver qualification log, vehicle authorisation and task form. In other words, they will not be exempt from being approached by state law enforcement authorities if they are considered to be doing the wrong thing.

A further safeguard exists in that the cancellation or suspension of a member’s civilian licence results in the automatic cancellation or suspension of their defence licence. Again this recognises that defence drivers must, nonetheless, in both their civilian capacity and their military capacity, respect the laws of a particular state or territory within which they are operating. Defence licences will also be suspended if the holder is considered unfit to drive due to their accident or traffic record, medical impairment or physical injury deeming them unfit to drive. The holder is subject to retraining for any disciplinary or bad driving reason or the holder fails to maintain currency requirements.

The ADF’s unique operating environment is recognised in the exemption framework. Drivers and commanders of armoured vehicles and tanks are exempt from the requirement to remain entirely inside the vehicle, obviously due to the nature of the operation of those vehicles. The ADF is also exempt from a prohibition against carrying passengers in the load space of vehicles without an approved means of restraint due to the seating configuration of ADF vehicles, and ADF emergency vehicles are recognised under state and territory provisions pertaining to their own state and territory emergency vehicles.

The unique operating environment is further recognised in terms of signage. The ‘Oversize Load’ signs that typically apply to oversize vehicles are not required for each and every vehicle in a convoy, provided the convoy is not greater than five vehicles, spacing is provided for overtaking opportunities for other road users, radio communications are maintained and lights are illuminated on all convoy vehicles, and pilot vehicles accompany the convoy at the front and rear with the ‘Oversize Convoy’ sign appropriately displayed.

The exemption framework also provides designated ‘defence strategic routes’ across Australia, after consultation with the states and territories. These routes are designed to match vehicle capabilities with the current capacity of roads and bridges. Obviously, some military vehicles can be extremely large and heavy, and the capacity of roads and bridges to carry them has to be worked through.

The framework also imposes mass limits and rules in respect of a range of issues pertaining specifically to ADF vehicles, such as load sizes and maximum load projection. The exemptions and measures established under the exemption framework are clarified in the bill and are necessary in maintaining the operational capacity of the ADF in terms of road based logistics.

The framework recognises the unique operating environment of the ADF as a strategic imperative. This recognition and the resultant exemptions are important measures to allow the ADF to perform its critical function in the defence of this nation. The opposition fully supports the bill.

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