Commonwealth Consolidated Acts

APPROVED DEFENCE PROJECTS PROTECTION ACT 1947 - SECT 4

(1)

A person is guilty of an offence if:

(a)

the person boycotts or threatens to boycott any person, property, work or undertaking; and

(b)

by doing so the first-mentioned person:

(i)

prevents, hinders or obstructs the carrying out of an approved defence project; or

(ii)

endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

(1A)

A person is guilty of an offence if:

(a)

the person publishes a declaration of a boycott or threat of a boycott; and

(b)

as a result, the carrying out of an approved defence project is prevented, hindered or obstructed.

(1B)

A person is guilty of an offence if, by speech or writing, the person advocates or encourages the prevention, hindrance or obstruction of the carrying out of an approved defence project.

(1C)

Subsections (1), (1A) and (1B) do not apply if the person has a reasonable cause or excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1C). See subsection 13.3(3) of the Criminal Code .

(1D)

A person is guilty of an offence if:

(a)

the person uses violence or a threat of violence to a person or property, or engages in any other unlawful conduct; and

(b)

by doing so the first-mentioned person:

(i)

prevents, hinders or obstructs the carrying out of an approved defence project; or

(ii)

endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

(2)

An offence against this section may be prosecuted summarily or upon indictment, but an offender shall not be punished more than once in respect of the same offence.

(3)

The punishment for an offence against this section shall be:

(a)

if the offence is prosecuted summarily—a fine of not more than One thousand dollars or imprisonment for not more than six months; and

(b)

if the offence is prosecuted upon indictment—a fine of not more than Ten thousand dollars or imprisonment for not more than twelve months, or both.

(4)

A prosecution for an offence against this section shall not be instituted except by the Attorney-General or with the consent of the Attorney-General or of a person thereto authorized in writing by the Attorney-General.