Peter Slipper (Fisher, Liberal Party) Share this | Hansard source

As always, it is good to see you competently occupying the chair, Mr Deputy Speaker Wilkie. From time to time, during military training or manoeuvres and asset delivery, members of the Australian defence forces have a need to drive on the roads of various states. Convoys of ADF jeeps, Land Rovers and prime movers can be sometimes seen driving up the Bruce Highway through my electorate on Queensland’s Sunshine Coast. It is an impressive and encouraging spectacle to see a procession of Australia’s finest en route to their destination.

I think everyone would accept that this road usage is vital in the everyday operations of the defence forces. With it come certain legal privileges for the ADF in that the ADF is by law immune to the requirements of state laws on road use in certain situations. A wide array of immunities is set out in the Defence Act 1903. Quite reasonably, these freedoms are recognised by all states and territories, in that they are aware that the ADF must be able to operate its fleet of land vehicles without obstruction, with the ability to move around quickly and efficiently, suffering no cumbersome restrictions, so that they can basically ensure the defence of our nation.

Having said that, however, the ADF is not about to abuse these privileges and the ADF is dedicated to complying with all of the road rules and continuing its tradition as a respected good corporate citizen. The Defence (Road Transport Legislation Exemption) Bill 2005 sets out the exemptions that are available to ADF personnel. The exemptions in the bill relate to the size and mass of vehicles and loading instructions. They also include other, more specific guidelines that relate to the drivers of ADF vehicles, their licensing requirements, road rule observation and the like.

I understand that the exemptions have related mostly to the weight of heavy vehicles and off-road capacities and that in these instances it is at all times impossible for the ADF to comply with state legislation. I think we would all accept and understand that this is the nature of the forces, which have to transport heavy tanks and other vehicles as well as other equipment. Believe it or not, attempts were made about a decade ago to specify more accurately the road transport exemptions available to the ADF and its personnel. This was attempted through the National Road Transport Commission Act 1991, but that process never reached completion because it was dependent on the states and territories adopting model road transport legislation and, sadly, that did not eventuate. It was suggested at the time by the Department of Transport and Regional Services that the legislation applicable to the ADF should not, by reason of compatibility, be bundled into the National Road Transport Commission Act 1991 and that all the objectives would be better served with a separate act. This, of course, is the act which will arise from the Defence (Road Transport Legislation Exemption) Bill 2005 being discussed here today.

The arrival of this bill before the parliament follows a process that began in 2004 when it was agreed that a national schedule of ADF exemption should be drafted. There was a resulting document, entitled The Defence road transport exemption framework. This was finalised last year with the assistance of the National Transport Commission and has been approved by the transport agency chief executive and the Australian Transport Council. This document outlines the more specific exemptions not outlined in the Defence Act. Each state and territory will advise which of the exemptions can be promptly implemented, and it is expected that the guidelines will be fully implemented across Australia by late this year.

Those who have listened to the honourable member for Werriwa would be aware that this is a non-controversial bill. It improves and clarifies the legislative guidelines that govern road usage by the ADF. The bill does not put any undue pressure on the states and territories with respect to road usage legislation, and it simply places the exemptions in the act within this new framework. The ADF is perfectly within its rights to ignore many of the laws that civilian drivers must comply with, but it chooses to meet them as best it can while respecting the sovereignty and self-rule of the various states and territories. I suppose you could say that, in doing this, the Australian Defence Force is endeavouring to be a good corporate citizen.

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