Defence (Special Undertakings) Act 1952

This Act may be cited as the Defence (Special Undertakings) Act 1952.

This Act shall come into operation on the day on which it receives the Royal Assent.

The purposes of this Act are:

to provide for the protection by the Commonwealth of works and undertakings that are carried out for or in relation to:

the defence of Australia; or

the defence of Australia and the defence of another country; and

to provide for the protection by the Commonwealth of areas that are reserved for:

the defence of Australia; or

the defence of Australia and the defence of another country; and

to provide for the protection by the Commonwealth of works, undertakings and areas that require special security measures; and

to provide for the protection by the Commonwealth of works, undertakings and areas in order to enable Australia to fulfil its obligations under treaties, conventions and international agreements relating to defence or security.

This Act applies both within and without the Commonwealth and to all the Territories.

In this Act, unless the contrary intention appears:

Australia includes all the Territories.

Commonwealth officer means a person holding office under, or employed by, the Commonwealth and includes:

a person appointed or engaged under the Public Service Act 1999;

a person permanently or temporarily employed or serving in the Public Service of a Territory, or in, or in connection with, the Defence Force, or in the service of an authority or body constituted by or under an Act.

constable includes a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

prohibited area means a place, or an area, that is a prohibited area under section 7, 8 or 8A.

restricted area means an area that is a restricted area under section 14.

special defence undertaking means a work or undertaking that is a special defence undertaking under section 6 or 8A.

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

A work or undertaking which:

is being carried out, or is to be carried out, whether within or without Australia, for or in relation to the defence of Australia, or in part for or in relation to the defence of Australia and in part for or in relation to the defence of some other part of the Sovereign’s dominions or of some other country associated with Australia in resisting or preparing to resist international aggression; and

is declared by the Minister, by notice in the Gazette, to be a special defence undertaking;

is a special defence undertaking.

A place (whether or not it belongs to or is used for the purposes of the Sovereign, the Commonwealth or a State) used or occupied for the purposes of a special defence undertaking is a prohibited area.

Subsection (1) does not apply to:

a railway, tramway, roadway, wharf, pier or jetty, or a work or structure which is part of or connected with a means of transport by land, water or air;

the area on which is erected or situated a searchlight, lighthouse, buoy or other navigational aid;

a public building, fire station, aerodrome, air station or runway for aircraft;

a signal, telegraph, telephone, radar or wireless station or office; or

a place used for gas, water or electricity works or other works for purposes of a public character;

unless it is used or occupied exclusively for the purposes of a special defence undertaking.

If it is necessary for the purposes of the defence of the Commonwealth so to do, the Minister may, by notice published in the Gazette, declare an area of land or water or an area of land and water (whether or not it belongs to or is used for the purposes of the Sovereign, the Commonwealth or a State) to be a prohibited area.

Prohibited area

The whole of the area (the JDFPG area) described in Certificate of Title Volume 321 Folio 075 being NT Portion 4130 from Plan LT091/006 is a prohibited area.

Special defence undertaking

A work or undertaking that is carried out at the JDFPG area is a special defence undertaking.

A person commits an offence if:

the person is in, enters or flies over an area; and

the area is a prohibited area.

Penalty: Imprisonment for 7 years.

Subsection (1) does not apply if the person holds a permit under section 11 in respect of the prohibited area.

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

If a permit under section 11 has been issued to the master of a ship or the pilot of an aircraft for the purpose of enabling the ship or aircraft to enter, pass through or be over a prohibited area, a person lawfully on board the ship or aircraft does not commit an offence under subsection (1) by reason only of his or her presence on board the ship or aircraft.

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

A person commits an offence if:

the person:

makes a photograph, sketch, plan, model, article, note or other document of, or relating to, an area or anything in an area; or

obtains, collects, records, uses, has in his or her possession, publishes or communicates to some other person a photograph, sketch, plan, model, article, note or other document or information relating to, or used in, an area, or relating to anything in an area; and

the area is a prohibited area.

Penalty: Imprisonment for 7 years.

Subsection (2) does not apply if the person has lawful authority or excuse for the relevant conduct.

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

The Minister may, in writing, appoint a person to be the officer in charge of a prohibited area.