Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 12D

Act not to prejudice Australia's defence

             (1)  Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to Australia's defence.

             (2)  Without limiting the generality of subsection (1), the Chief of the Defence Force may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to:

                     (a)  a specified activity; or

                     (b)  a specified member of the Defence Force; or

                     (c)  members of the Defence Force included in a specified class of such members.

          (2A)  Without limiting the generality of subsection (1), the Australian Border Force Commissioner may, by instrument in writing, declare that specified provisions of this Act do not apply, or apply subject to such modifications as are set out in the declaration, in relation to:

                     (a)  a specified operation of the Australian Border Force; or

                     (b)  a specified Australian Border Force worker; or

                     (c)  Australian Border Force workers included in a specified class of such workers.

          (2B)  The Australian Border Force Commissioner must consult the Immigration and Border Protection Secretary and the Chief of the Defence Force before making an instrument under subsection (2A).

             (3)  A declaration under subsection (2) or (2A) may only be made with the approval of the Minister and, if made with that approval, has effect according to its terms.

             (4)  In the exercise of the power under subsection (2), the Chief of the Defence Force must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's defence.

             (5)  In the exercise of the power under subsection (2A), the Australian Border Force Commissioner must take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia's defence.



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