DEFENCE (SPECIAL UNDERTAKINGS) ACT 1952 - NOTES
DEFENCE (SPECIAL UNDERTAKINGS) ACT 1952 - NOTES
No. 19, 1952
Compilation No. 13
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 24 October 2016
About this compilation
This compilation
This is a compilation of the Defence (Special Undertakings) Act 1952 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
2A Purposes of Act
3 Application
4 Interpretation
5 Application of the Criminal Code
6 Special defence undertakings
7 Prohibited areas
8 Minister may declare prohibited areas
8A Joint Defence Facility Pine Gap
9 Unlawful entry etc.
10 Officer in charge
11 Permits
12 Compliance with directions of officer in charge
13 Sabotage
14 Restricted areas
15 Orders
16 Procedure in emergency
17 Use of cameras etc.
18 Sea and air traffic
19 Suspension etc. of licences and certificates
20 Search of persons in or entering prohibited areas
21 Search and detention of aircraft
22 Power to arrest
23 Arrest of suspected persons
25 Forfeiture of articles etc.
26 No action against Commonwealth
28 Prosecution of offences
29 Punishment of offences
31 Hearing in camera etc.
32 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
19, 1952 | 10 June 1952 | 10 June 1952 |
| |
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | s 7: 18 Mar 1971 (see s 2(2) and Gazette 1971, p 2003) | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | |
19, 1979 | 28 Mar 1979 | Parts II-XVII | s 124 | |
Australian Federal Police (Consequential Amendments) Act 1979 | 155, 1979 | 28 Nov 1979 | 19 Oct 1979 (see | s. 2(2) |
Australian Federal Police (Consequential Amendments) Act 1980 | 70, 1980 | 28 May 1980 | 28 May 1980 | -- |
63, 1984 | 25 June 1984 | s. 152(1): 20 July 1984 (see Gazette 1984, No. S276) (a) | -- | |
65, 1985 | 5 June 1985 | -- | ||
as amended by |
|
|
|
|
193, 1985 | 16 Dec 1985 | s. 16 | ||
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | 2 Dec 1988 | -- |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (item 383): 5 Dec 1999 (see Gazette 1999, No. S584) (d) | -- |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 174, 418, 419): 24 May 2001 (s 2(3)) | Sch. 2 (items 418, 419) |
Defence Legislation Amendment (Application of Criminal Code) Act 2001 | 141, 2001 | 1 Oct 2001 | s 4: Royal Assent Schedule 1 (items 98-105): 15 Dec 2001 | s 4 |
as amended by |
|
|
|
|
135, 2003 | 17 Dec 2003 | -- | ||
121, 2005 | 6 Oct 2005 | Sch 5 (item 23): 1 Jan 2005 (s 2(1) item 3) | -- | |
18, 2009 | 26 Mar 2009 | Schedule 3: 27 Mar 2009 | -- | |
5, 2011 | 22 Mar 2011 | Schedule 6 (item 36) and Schedule 7 (item 52): 19 Apr 2011 | -- | |
109, 2014 | 16 Oct 2014 | Sch 3 (item 4): 17 Oct 2014 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sep 2015 | Sch 1 (item 168): 5 Mar 2016 (s 2(1) item 2) | -- |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 134-138): 10 Mar 2016 (s 2(1) item 6) | -- |
61, 2016 | 23 Sept 2016 | Sch 1 (items 224, 225) and Sch 2 (items 24-30): 21 Oct 2016 (s 2(1) item 1) | -- |
(a) The Defence (Special Undertakings) Act 1952 was amended by subsection 152(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(b) The Defence (Special Undertakings) Act 1952 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.
(c) The Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, paragraph 2(15)(b) of which provides as follows:
(15) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 made by this Act shall be deemed to have come into operation:
(b) in the case of the other amendments--on the twenty -eighth day after the day on which that Act received the Royal Assent.
(d) The Defence (Special Undertakings) Act 1952 was amended by Schedule 1 (item 383) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
Provision affected | How affected |
s 2A.................... | ad No 18, 2009 |
s 3..................... | am No 216, 1973 |
s 4..................... | am No 216, 1973; No 155, 1979; No 70, 1980; No 63, 1984; No 65, 1985; No 146, 1999; No 18, 2009 |
s 5..................... | rep No 216, 1973 |
| ad No 141, 2001 |
s 6..................... | am No 18, 2009 |
s 7..................... | am No 65, 1985; No 18, 2009 |
s 8..................... | am No 18, 2009 |
s 8A.................... | ad No 18, 2009 |
s 9..................... | am No 65, 1985 |
| rs No 141, 2001 |
| am No 4, 2016; No 61, 2016 |
s 10.................... | am No 18, 2009 |
s 11.................... | am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016 |
s 12.................... | am No 65, 1985 (as am by No 193, 1985) |
| rs No 141, 2001 |
| am No 4, 2016; No 61, 2016 |
s 13.................... | am No 65, 1985 |
| rs No 141, 2001 |
| am No 4, 2016; No 61, 2016 |
s 14.................... | am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016 |
s 15.................... | am No 65, 1985; No 99, 1988; No 121, 2005; No 126, 2015 |
s 16.................... | am No 65, 1985 |
| rs No 141, 2001 |
| am No 4, 2016; No 61, 2016 |
s 17.................... | am No 65, 1985 |
| rs No 141, 2001 |
| am No 4, 2016; No 61, 2016 |
s 18.................... | am No 65, 1985; No 18, 2009 |
s 19.................... | am No 65, 1985; No 5, 2011 |
s 20.................... | am No 65, 1985; No 18, 2009 |
s 21.................... | am No 65, 1985; No 18, 2009 |
s 23.................... | am No 65, 1985; No 141, 2001; No 4, 2016; No 61, 2016 |
s 24.................... | am No 65, 1985 |
| rep No 137, 2000 |
s 26.................... | am No 18, 2009 |
s 27.................... | am No 65, 1985 |
| rep No 109, 2014 |
s 28.................... | am No 18, 2009 |
s 29.................... | am No 93, 1966 |
| rs No 65, 1985 |
| am No 61, 2016 |
s 30.................... | am No 216, 1973 |
| rep No 19, 1979 |
s 31.................... | am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016 |
s 32.................... | am No 216, 1973; No 65, 1985; No 61, 2016 |