EXPLOSIVES TRANSPORT REGULATIONS 2002 2002 No. 92 - REG 9 Regulations not to apply in certain circumstances
EXPLOSIVES TRANSPORT REGULATIONS 2002 2002 No. 92 - REG 9
Regulations not to apply in certain circumstances(1) These Regulations do not apply to:
- (a)
- the packaging and marking, by the Australian Defence Force or the Department of Defence, of a Commonwealth explosive that has been recovered in an explosive ordnance disposal operation conducted by the Australian Defence Force or the Department of Defence; or
(b) a person who is involved in the transport of Commonwealth explosives during:
- (i)
- an approved special activity carried on by the Australian Defence Force; or
- (ii)
- any training or other activity carried on for that approved special activity; or
- (c)
- the transport of an explosives demolition kit by the Australian Defence Force or the Australian Federal Police for the demolition of explosives; or
(d) a person who is involved in the transport of Commonwealth explosives during:
- (i)
- an authorised covert operation carried on by the Australian Federal Police; or
- (ii)
- any training or other activity carried on for that operation; or
(e) a person who is involved in the transport of Commonwealth explosives during:
- (i)
- an operation carried on by that part of the Australian Federal Police known as the AFP special operations team; or
- (ii)
- any training or other activity carried on by that team for that operation; or
- (f)
- explosives subject to the control of Customs under the Customs Act 1901 , other than any of those explosives for which a permission to move under section 71E of that Act has been given; or
- (g)
- a person who is involved in the transport of Commonwealth explosives that have been detected and seized by a Commonwealth public official in circumstances in which it is reasonable to believe that there is a threat to national security or public safety; or
(h) the transport of Commonwealth explosives on a light vehicle by a Commonwealth public official if:
(2) In this regulation:
"approved special activity "means an activity:
- (a)
- for the purposes of, or a purpose related to, the defence of the Commonwealth; or
- (b)
- for any utilisation of the Australian Defence Force under Part IIIAAA of the Defence Act 1903 ;
that is approved as a special activity by an authorised officer of the Australian Defence Force.
authorised officer means an officer of the Australian Defence Force:
- (a)
- who holds a rank not lower than the rank of Lieutenant Commander, Major or Squadron Leader; and
- (b)
- who is authorised, or is included in a class of officers that is authorised, in writing, by the Chief of the Defence Force, or a service chief, to approve a special activity.
-
"light vehicle "means a vehicle that has a gross vehicle mass, within the
meaning of the Road Transport Reform (Heavy Vehicles Registration) Act 1997 ,
not greater than 4.5 tonnes.