House debates

Thursday, 16 February 2006

Defence (Road Transport Legislation Exemption) Bill 2005

Second Reading

12:13 pm

Photo of Michael JohnsonMichael Johnson (Ryan, Liberal Party) Share this | Hansard source

It is a pleasure to speak on the Defence (Road Transport Legislation Exemption) Bill 2005, which has been proposed by the Howard government in this parliament. At the outset, I want to compliment my colleague and friend the member for Blair, who is well known in this parliament, in his electorate and in Queensland more widely for his faith in our defence forces. RAAF Base Amberley is in his electorate and I know that he comes to this parliament with a very real passion for promoting good policy on issues that affect not only the Amberley Air Force base in Blair but the wider defence community.

I have in my electorate Witton Barracks, a small barracks in the suburb of Indooroopilly, where my electorate office is. I am looking forward to more interaction with the new Minister for Defence, the new Minister for Veterans’ Affairs and the new Parliamentary Secretary to the Minister for Defence, all of whom are new to their roles. I commend them very strongly on the work they have done in the parliament and are about to do in their new roles. Witton Barracks houses defence transport load vehicles. From time to time I see defence transport vehicles driving in the electorate of Ryan and defence personnel going about their work at Witton Barracks. Therefore, I have an interest in speaking on this bill—although I have no expertise, certainly not compared to my colleague the member for Blair.

This bill provides a legislative basis for the defence road transport exemption framework, which details exemptions from the operation of state and territory road transport laws that will be applied uniformly across Australia. The Defence Act 1903 provides immunity from certain state and territory laws for members of the Australian Defence Force. The relevant section is section 123(1). This bill will play a role in limiting that immunity by establishing a defence road transport exemption framework that outlines exemptions and processes that will be applied nationally across the states and territories to support the work and the conduct of ADF road transport operations.

The exemption framework was negotiated between the ADF and state and territory road transport authorities—a good example of these two tiers of government working well to achieve a sensible outcome. The exemption framework establishes the specific categories of exemptions that will apply for principal ADF routes used in exercises or operations and day-to-day activities. In addition, the exemption framework is intended to ensure the integrity of civilian infrastructure and facilities used by the ADF. As I said, with the Witton Barracks in my electorate, I am keen to know whether this infrastructure, as it stands, is encompassed in this bill. Currently it is under the flag of the Department of Defence. From time to time there is conversation and speculation that these premises, this physical real estate, in the Ryan electorate might turn into civilian infrastructure, given its prime location right on the river banks of Indooroopilly.

The exemption framework matches load limits on vehicles with the current capacity of roads and bridges throughout Australia. It imposes mass limits for ADF vehicles in combinations, including their loads, as well as mass limits for individual tyres, wheels, axles and axle groups. Defence vehicles are very different from civilian vehicles. That is no surprise—they are deliberately different. They serve a different purpose. Therefore, it is important that these types of vehicles fit in with the wider usage of civilian infrastructure. The exemption framework also imposes rules about the size of a load, how far it might project from the vehicle, warning signals for certain projections and securing loads.

The exemption framework also details the specific licensing and road rule exemptions for members of our Defence Force when they engage in defence related activities. The ADF has a certain type of accredited training for its professional drivers. The basic driver course includes training in the carriage of dangerous goods and explosives, and drivers are required to requalify every three years. It is important that those in the Defence Force who have great responsibility in carrying dangerous loads and driving these heavy vehicles are tested every three years on their skills and qualifications. Where state and territory legislation imposes a requirement for a special licence and the ADF trains to a similar standard, then consistent with the state and territory in question those requirements are deemed to occur.

The exemption framework provides that defence members are not required to produce a state or territory licence when driving an authorised defence vehicle on defence related business or activity. However, it should be pointed out that ADF personnel are required to carry and produce on demand their current defence licence, their driver qualification log and the vehicle authorisation and task form. This is part of the important checks and balances that exist in the contract between the defence department and the larger civilian community. It is important for our communities that those who purport to engage in a legitimate activity through the responsibility of driving and carrying loads related to their defence work are able, without any difficulty, to prove that to a legitimate officer. One suspects, of course, that officer would be a member of the state or territory police force in question.

Defence licences are cancelled if the holder’s civilian licence is cancelled in any state or territory, or if the holder’s employment with the defence department is terminated. Equally, a defence licence will be suspended if the holder’s civilian licence is suspended in any state or territory or if the holder fails to maintain currency of their defence licence where particular currency requirements exist. Defence licences are also reviewed when the holder is transferred or moves to another position within the Defence Force where those licences and that qualification will no longer be relevant. It is important to say that these exemptions will also apply to personnel from visiting foreign defence forces acting in accordance with an arrangement approved by the Australian defence forces. As the federal member for Ryan, I just wanted to speak briefly on this bill. In a small way it does have an impact on my community, given that Witton Barracks exist in my electorate and that from time to time we see defence vehicles coming into the electorate and using the bridges, roads and transport infrastructure.

The Australian Defence Force has a budget of some $17.5 billion. I understand that the government will continue to increase it by some three per cent. This is an important reflection on how the government values the Defence Force and how important a place it has in our society. All members on this side of the parliament—and I would like to think all federal opposition members hold the same view—have enormous respect and admiration for our defence personnel. We know that the new minister will have certain challenges ahead. However, he has been appointed to this important position because unquestionably he is one of the most significant figures in the current parliament in terms of his intellectual capacity and dedication to the task that he has.

In comparison to the $17.5 billion that the Australian government will be allocating for defence, it is mind-boggling to find that this year the United States defence budget, which includes the expenditure on Iraq and Afghanistan, will reach in excess of $US500 billion. This does not include, I understand, the war deployments—the Defense Secretary, Mr Rumsfeld, is only asking for a few hundred million more. This puts the position of the two countries in stark contrast. The US is a global player in terms of international economics and strategic affairs. We have an economy of some $800 billion and a national budget of some $220 billion. Of course we are unable realistically to compare ourselves with the US, but this does give a flavour of the expenditure of the two countries in this very important area of national affairs.

In conclusion, I again congratulate the new Minister for Defence, the new Parliamentary Secretary to the Minister for Defence and the new Minister for Veterans’ Affairs. I know they will carry the flag very strongly and competently. As a colleague in the parliament, I extend to them my best wishes.

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