Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 2) 2001 NO. 305 - SCHEDULE 4

(regulation 6)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Defence (Prohibited Wharves and Buildings) Regulations 1950 .

[2] Regulation 5

substitute

5 Entry, etc, of prohibited wharves and buildings forbidden
(1) A person is guilty of an offence if:

(a)

the person is not a member of the Defence Force engaged on duties in connection with the transportation of members of that Force or the transport, storage or other handling of service munitions; and

(b) the person either:

(i)

enters, inspects, or is on or in a prohibited wharf or prohibited building; or

(ii)

approaches in a boat within 15 metres of a prohibited wharf.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2) In subparagraphs (1) (b) (i) and (ii), strict liability applies to the physical element that the building or wharf is a prohibited building or wharf.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence if the person had a permit under regulation 6 for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code ).

[3] Subregulation 6 (3)

substitute

(3) A person who holds a permit issued under this regulation is guilty of an offence if:

(a)

the person does not comply with a condition or restriction in the permit; or

(b)

if the permit is revoked or suspended — the person does not deliver it to a person specified by the Minister as soon as practicable.

Penalty:
1 penalty unit or imprisonment for 3 months.

(4)

In subregulation (3), strict liability applies to the physical element that the permit was issued under this regulation.

Note
For strict liability , see section 6.1 of the Criminal Code .

[4] Regulation 8

substitute

8 Compliance with directions of officer or person in charge
(1) A person is guilty of an offence if:

(a)

the person enters, inspects, or is on or in a prohibited wharf or prohibited building; and

(b)

the person is given a direction by the officer or other person in charge regulating his or her conduct while on or in the wharf or building; and

(c) the person does not comply with the direction.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2)

In paragraph (1) (a), strict liability applies to the physical element that the building or wharf is a prohibited building or wharf.

Note
For strict liability , see section 6.1 of the Criminal Code .