Crimes Act 1928 (Cth)

 

CRIMES.

 

No. 13 of 1928.

An Act to amend the Crimes Act 1914-1926.

[Assented to 22nd June, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Crimes Act 1928.

(2.) The Crimes Act 1914–1926 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Crimes Act 1914–1928.

Trespass on naval or military lands.

2.Section eighty-nine of the Principal Act is amended by inserting, in sub-section (2.), after the words “member of the Defence Force,”, the words “any person employed in the Department of Defence, any Peace Officer of the Commonwealth or any member of the Police Force of the Commonwealth or of a State or Territory,”.

3. After section eighty-nine of the Principal Act the following section is inserted:—

Discharging firearm on or over Commonwealth land.

“89a.—(1.) Any person who discharges any firearm upon or over any prohibited area shall be guilty of an offence and the firearm may be seized and shall be forfeited to His Majesty.

Penalty: One hundred pounds or imprisonment for six months.

“(2.) In this section ‘prohibited area’ means any land belonging to, or in the occupation of, the Commonwealth, upon which is a notice prohibiting shooting and purporting to be given by, or by the authority of, a Minister.

“(3.) The provisions of this section shall not apply in the case of the discharge of any firearm by a person authorized so to do by the Commonwealth officer in whose control the land is placed.

“(4.) Any person who commits an offence against this section may be apprehended by any member of the Defence Force, any person employed in the Department of Defence, any Peace Officer of the Commonwealth or any member of the Police Force of the Commonwealth or of a State or Territory, and detained in proper custody to be dealt with according to law”.