Document ID: chunk:federal_register_of_legislation:C2025C00176:section:123
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 123
Character Range: 422554–424497

123  Immunity from certain State and Territory laws
 (1) A member of the Defence Force is not bound by any law of a State or Territory:
 (a) that would require the member to have permission (whether in the form of a licence or otherwise) to use or to have in his or her possession, or would require the member to register, a vehicle, vessel, animal, firearm or other thing belonging to the Commonwealth; or
 (b) that would require the member to have permission (whether in the form of a licence or otherwise) to do anything in the course of his or her duties as a member of the Defence Force.
 (2) The Secretary, or an APS employee authorised in writing by the Secretary, may, by instrument in writing, declare:
 (a) a person:
 (i) who is an APS employee; and
 (ii) who is employed in the Department in, or in connection with, the manufacture of firearms; or
 (b) a person who is employed by a body corporate concerned with the manufacture of firearms, being a body corporate declared by the regulations to be a body corporate in relation to which this subsection applies;
to be an authorised employee for the purposes of this subsection and, where such a declaration is made in relation to a person, the person continues to be an authorised employee for the purposes of this subsection while the person continues to be so employed.
 (2A) A declaration under subsection (2) may be made by declaring the person holding a particular office or occupying a particular position to be an authorised employee for the purposes of that subsection.
 (3) A person who is an authorised employee for the purposes of subsection (2) does not contravene any law of a State or Territory that would require the person to have permission (whether in the form of a licence or otherwise) to have in his or her possession a firearm by reason only of having such a firearm in his or her possession, without such permission, in the performance of his or her duties.