Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, if taking the action or refraining from taking the action would be, or could reasonably be expected to be, prejudicial to Australia's defence.
(2) Without limiting subsection (1), the Chief of the Defence Force may, after consulting with the Minister, by legislative instrument, declare that:
(a) specified provisions of this Act or the regulations do not apply in relation to specified members of the Defence Force; or
(b) specified provisions of this Act or the regulations apply subject to such modifications as are set out in the declaration in relation to specified members of the Defence Force.
The declaration has effect accordingly.
(3) In making a declaration under subsection (2), the Chief of the Defence Force must take into account the need to promote the object of this Act to the greatest extent consistent with the maintenance of Australia's defence.