Document ID: chunk:federal_register_of_legislation:F2023L00399:reg:4
Version: federal_register_of_legislation:F2023L00399
Segment Type: reg
Provision Reference: reg 4
Character Range: 909–3777

4  Definitions
  In this instrument:
             Act means the Work Health and Safety Act 2011.
defence civilian has the same meaning as in the Defence Force Discipline Act 1982.
             defence member means:
              (a) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or
              (b)  a member of the Reserves who:
               (i) is rending continuous full-time service; or
               (ii) is on duty or in uniform; or
              (c) a defence civilian who is involved in a warlike operation or non‑warlike operation.
             deployed defence member means a defence member who is posted, assigned or attached for duty to:
              (a) a United Nations' force; or
              (b) a foreign or multinational force; or
              (c) the Australian Defence Force performing duties outside Australia.
             non-warlike operation means an operation:
              (a) that occurs outside Australia; and
              (b) that uses deployed defence members; and
              (c) that is unlikely to result in fatalities; and
              (d) that includes a risk to deployed defence members that is greater than the risk faced by defence members undertaking peacetime duties; and
              (e) for which deployed defence members are authorised to use lethal force in the following circumstances only:
               (i) self-defence;
               (ii) when defending another person.
              Examples
               1    Mine avoidance and clearance operations.
               2    Weapons inspection and destruction operations.
               3    Service protected or assisted evacuation operations.
               4    Peacekeeping operations.
             warlike operation means an operation:
              (a) that occurs outside Australia; and
              (b) that uses deployed defence members; and
              (c) that is likely to result in fatalities; and
              (d) for which deployed defence members are authorised to use lethal force for specific military objectives.
              Examples
               1    Operations undertaken as part of a declared war.
               2    Combat operations against an armed adversary.
               3    Peace enforcement operations.

5 Provisions of Act declared not to apply to specified activity
  For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 1 does not apply to the activity specified in the item.

6 Provisions of Act declared not to apply to class of members
  For subsection 12D (2) of the Act, a provision of the Act specified in an item in Schedule 2 does not apply to a defence member in the class of defence members specified in the item.

Schedule 1  Provisions of Act and specified activity
(section 5)

Item  Provisions of the Act  Specified activity