Commonwealth Numbered Regulations

DEFENCE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2001 (NO. 2) 2001 NO. 305 - SCHEDULE 6

(regulation 8)

[1] Regulation 21

substitute

21 Penalty for false statements
(1) A person is guilty of an offence if:

(a)

the person makes a false statement in an affidavit or declaration; and

(b)

the affidavit or declaration is sworn or made under this Part.

Penalty:
1 penalty unit or imprisonment for 3 months.

(2)

Strict liability applies to paragraph (1) (b).

Note
For strict liability , see section 6.2 of the Criminal Code .

(3)

This regulation does not affect the liability of a person under any other law.

[2] Subregulations 35 (3), (4) and (5)

substitute

(3)

An authority or a person authorised by the Minister for this subregulation may give a person permission to enter or remain in a prohibited area.

(4)

A permission under subregulation (3) may be subject to such conditions (including conditions as to the conduct in the prohibited area of the person to whom the permission is given) as the authority or person giving the permission considers necessary for the protection of persons and property in the area and of official secrets.

(5) A person is guilty of an offence if:

(a)

the person enters or remains in an area; and

(b)

the area is a prohibited area.

Penalty:
1 penalty unit or imprisonment for 3 months, or both.

(6)

Strict liability applies to paragraph (5) (b).

Note
For strict liability , see section 6.2 of the Criminal Code .

(7)

It is a defence to a charge under subregulation (5) if the entry or stay is in accordance with a permission given under subregulation (3).

Note
A defendant bears an evidential burden in relation to the matter in subregulation (7) (see section 13.3 of the Criminal Code ).

(8)

A person who enters or remains in a prohibited area in contravention of subregulation (5) or who fails to comply with a condition which is applicable to him or her under subregulation (4) may, without prejudice to any proceedings which may be taken against him or her, be removed from the prohibited area by or under direction of a constable, an Australian Government officer or a person authorised by the Minister to do so.

[3] Regulation 37

substitute

37 Smoking etc in protected place
(1) A person is guilty of an offence if:

(a)

the person is in a place; and

(b)

the place is a protected place; and

(c) the person:

(i)

smokes, strikes a match, lights a fire or in any way procures a naked light or flame; or

(ii)

is in possession of tobacco, matches, a flame lighter, a candle, a lamp or other material capable of being used for smoking or for procuring a naked light or flame.

Penalty:
1 penalty unit or imprisonment for 3 months, or both.

(2) Strict liability applies to paragraphs (1) (b) and (c).

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

(3)

It is a defence if the person had the permission of the officer-in-charge to engage in the relevant conduct.

(4) In this regulation:

"officer-in-charge" means, in relation to an undertaking, the person appointed to be in charge of the undertaking.

"protected place" means an undertaking or part of an undertaking which is declared by the officer-in-charge, by notice in writing, to be a protected place for this regulation, and on which there is prominently displayed a notice to that effect.

[4] Regulation 53

substitute

53 Prohibition of being in a defence practice area

(1)

A person is guilty of an offence if the person is in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice.

Penalty:
5 penalty units or imprisonment for 3 months, or both.

(2) A person is guilty of an offence if the person permits a vehicle, vessel or aircraft to be in a defence practice area at a time specified in an instrument under subregulation 51 (1) relating to the carrying out in that area of a defence operation or practice.

Penalty:
5 penalty units or imprisonment for 3 months, or both.

(3) A person is guilty of an offence if:

(a)

the person engages in conduct that disturbs, or interferes with the operation of, equipment; and

(b)

the installation of the equipment is authorised under subregulation 49 (4).

Penalty:
5 penalty units or imprisonment for 3 months, or both.

(4) A person is guilty of an offence if:

(a)

the person has been given a permission under subregulation (6); and

(b)

the person engages in conduct that contravenes a condition of the permission.

Penalty:
5 penalty units or imprisonment for 3 months, or both.

(5) A person is guilty of an offence under subregulation (1), (2) or (3) (the primary subregulation ) if:

(a)

a vehicle, vessel or aircraft is in a defence practice area; and

(b) the person is:

(i)

in the case of a vehicle — the driver, owner or hirer of the vehicle; or

(ii)

in the case of a vessel — the master, owner or charterer of the vessel, or the agent for the vessel; or

(iii)

in the case of an aircraft — the pilot, owner or charterer of the aircraft, or the agent for the aircraft; and

(c)

another person is guilty of an offence under the primary subregulation (otherwise than because of this subregulation) in connection with the presence of the vehicle, or the conduct of the vehicle, in the practice area.

(6)

The following persons may give permission for a person to engage in conduct that would otherwise constitute a contravention of subregulation (1),

(2)

or (3):

(a)

the service chief or other officer who authorised the operation or practice;

(b)

an officer participating in the operation or practice.

(7)

Permission under subregulation (6):

(a)

may be given if it is reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth; and

(b)

must be in writing; and

(c)

is effective for the period that is specified in the instrument; and

(d)

is subject to such conditions (if any) specified in the instrument as are reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth.

(8)

Without limiting subregulation (7), the service chief or other officer giving permission under subregulation (6) may impose conditions in relation to the conduct of persons in a defence practice area or in relation to a vehicle, vessel or aircraft in that area.

(9) An offence under subregulation (1), (2), (4) or (5) is an offence of strict liability.

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

(10) Strict liability applies to paragraph (3) (b).

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

(11)

It is a defence to a charge under subregulation (1), (2) or (3) if the person had permission for the relevant conduct, or for the relevant result of conduct, given under subregulation (6).

Note
A defendant bears an evidential burden in relation to the matter in subregulation (11) (see section 13.3 of the Criminal Code ).

(12)

It is a defence to a charge under subregulation (1), (2) or (4) if the person had a reasonable excuse for the relevant conduct.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (12) (see section 13.3 of the Criminal Code ).

(13)

It is a defence to a charge under subregulation (1), (2) or (3) that is brought because of subregulation (5) if the person did not know of, or did not approve, the conduct that resulted in the commission of the offence mentioned in paragraph (5) (c).

Note
A defendant bears an evidential burden in relation to the matter in subregulation (13) (see section 13.3 of the Criminal Code ).