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Section : 12D Act not to prejudice Australia's defence
Domain : Human Resource Management
Classification : Not Identified

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  • (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:
  1. (a) a specified activity; or
  2. (b) a specified member of the Defence Force; or
  3. (c) members of the Defence Force included in a specified class of such members.
  4. (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:
  5. (a) a specified operation of the Australian Border Force; or
  6. (b) a specified Australian Border Force worker; or

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