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

in reply—I would like to thank the members for O’Connor, Fisher, Blair, Ryan, Barton and Werriwa for their contributions. The Defence (Road Transport Legislation Exemption) Bill 2005 will underpin the exemption framework which, as I mentioned in my second reading speech, has been developed after extensive consultation with the states and territories. The existing wide immunity from state and territory laws provided to members of the Australian Defence Force under subsection 123(1) of the Defence Act will be limited to ensure that the road transport exemptions set out in the exemption framework can operate in the manner intended. Without this legislation it would be unclear how the existing immunity under the Defence Act operates in relation to the exemption framework developed in consultation with the states and territories and with the assistance of the National Transport Commission.

The Australian Defence Force is required to operate its land vehicle fleet without restrictions imposed by Commonwealth, state and territory road transport laws. Exemptions from particular road transport laws enable the ADF to move its capabilities quickly and efficiently across the Australian road transport network. The scope of exemptions required by the ADF relates to mass, size and loading requirements of its land transport vehicle fleet, and also to specific issues relating to ADF personnel, such as licensing, fatigue management and observation of certain road rules. Drawing on an issue raised by the member for Blair, the exemption framework intends to match load limits on vehicles with the current capacity of roads and bridges. It sets out the specific categories of exemptions that will apply for the principal ADF routes in day-to-day operations, exercises and more specific operations.

The exemption framework has recently been endorsed by the Australian Transport Council. It is a dynamic, collaborative document that will be maintained by the National Transport Commission in accordance with the continuing review process undertaken by the ADF in consultation with state and territory jurisdictions and will be implemented by those jurisdictions on a voluntary basis. The legislation does not impose any requirements on state and territory governments. It simply limits the current defence immunity and, in effect, replaces that immunity with the exemption framework. That exemption framework is an excellent example of state, territory and Commonwealth cooperation, with the governments coming together to achieve a worthwhile, mutually beneficial outcome in the national interest.

The need to establish a road transport exemption framework has been a priority for Defence for several years and its successful negotiation is testament to the dedication of all parties. The identification of key exemption requirements for the ADF capability has been matched by the need to address state and territory concerns about transporting heavy vehicles across their road networks. Furthermore, the cooperative and consultative process used to develop the framework, particularly the coordination role played by the National Transport Commission, can perhaps be used as a benchmark to obtain further road transport reform, as encouraged by the member for Blair during his contribution. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that the bill be reported to the House without amendment.

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