Commonwealth Consolidated Regulations

DEFENCE FORCE REGULATIONS 1952 - REG 35

         (1)   The Minister may, by notice published in the Gazette , declare a place to be a prohibited area for the purposes of this regulation.

         (2)   The Minister must not declare a place to be a prohibited area unless:

                (a)    it is an undertaking; or

               (b)    it is a place in which it is necessary or expedient in the interests of the safety or defence of Australia:

                          (i)    to carry out operations for the testing of war material; and

                         (ii)    that special precautions be taken to prevent the entry of unauthorised persons into that place.

         (3)   A person must not enter or remain in a prohibited area if he or she does not have authority to enter or remain in that area.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (4)   A person authorised by the Minister for this subregulation, may give permission to a person to enter and remain in a prohibited area.

         (5)   Permission under subregulation (4) may be subject to such conditions (including conditions as to the conduct of the person to whom the permission is given) as the person giving the permission considers necessary for the protection of:

                (a)    persons and property in the area; and

               (b)    official secrets.

         (6)   It is a defence to a prosecution for an offence against subregulation (3) that the entry or stay is in accordance with permission given under subregulation (4).

         (7)   A person who is given permission under subregulation (4), is guilty of an offence if the person engages in conduct that is in breach of a condition of the permission.

Penalty:   20 penalty units or imprisonment for 6 months, or both.

         (8)   A person who enters or remains in a prohibited area in contravention of subregulation (3) or who fails to comply with a condition of a permission given to the person under subregulation (4), may, without prejudice to any proceedings that may be taken against him or her, be removed from the prohibited area by, or under the direction of:

                (a)    a constable; or

               (b)    an Australian Government officer; or

                (c)    a person authorised by the Minister to do so.