Commonwealth Consolidated Regulations

DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 15

(1)

A person authorised by the Minister by instrument in writing may enter upon any land or premises for the purpose of:

(a)

ascertaining whether the provisions of these Regulations are being complied with; or

(b)

ascertaining whether the conditions to which an approval, granted or deemed to have been granted under these Regulations by the Minister, is subject are being complied with; or

(c)

ascertaining information required for the purpose of preparing a notice to be served under regulation 13; or

(d)

ascertaining whether the requirements of a notice served under regulation 13 are being, or have been, complied with; or

(e)

preventing a contravention of, or securing compliance with, these Regulations; or

(f)

gaining access to an area referred to in Schedule 1, 2, 3, 4 or 5 for a purpose referred to in paragraph (a), (b), (c), (d) or (e).

(2)

The Minister may, by instrument in writing, authorise any person to take any specified action, including the marking, seizure, removal or destruction of any thing and the use of any reasonable force, required for the purpose of preventing a contravention of, or securing compliance with, these Regulations.

(3)

An authorisation referred to in subregulation (1), (2) or 14 (1) must:

(a)

identify any land or premises that may be entered; and

(b)

state the names of the persons who are authorised to enter upon the land or premises, or to act, as the case requires; and

(c)

state brief particulars of the acts to which the authorisation extends; and

(d)

state the periods during which those acts may be done; and

(e)

state the purposes for which those acts may be done; and

(f)

state that the authorisation is given under the authority of these Regulations.

(3A)

A person may not enter land or premises under subregulation (1) or (2) unless:

(a)

written notice is given to each person who the Minister believes has an interest in the land or premises (other than by way of a mortgage or other security); and

(b)

the notice states that authorised persons may enter the land no earlier than 7 days after service of the notice; and

(c)

the notice sets out particulars of the acts to which the authorisation to enter the land or premises extends and the purposes for which those acts may be done; and

(d)

at least 7 days have elapsed since the notice was given to each of the persons referred to in paragraph (a).

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

(a)

another person (the officer ) is authorised under subregulation (1), (2) or 14 (1); and

(b)

the officer has done, or is about to do, something under these Regulations; and

(c)

the person obstructs or threatens the officer in connection with what the officer has done or is about to do.

Penalty:   10 penalty units.

(5)

Strict liability applies to paragraphs (4) (a) and (b).

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

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

(a)

another person (the officer ) is authorised under subregulation (1), (2) or 14 (1); and

(b)

the officer has done, or is about to do, something under these Regulations; and

(c)

the person interferes with what the officer has done or is about to do.

Penalty:   10 penalty units.

(7) Strict liability applies to paragraphs (6) (a) and (b).

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

(8)

A person who under an authorisation under subregulation (1), (2) or 14 (1) proposes to enter upon land or to take any action in relation to any thing is not so authorised:

(a)

if another person occupies and is on that land; or

(b)

if another person is in charge of and is near that thing;

unless that authorisation is produced for inspection by that other person.