Defence (Special Undertakings) Act 1952
No. 19, 1952
Compilation No. 14
Compilation date: 11 December 2024
Includes amendments: Act No. 115, 2024
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 11 December 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
An Act to provide for the Protection of Special Defence Undertakings
1 Short title
This Act may be cited as the Defence (Special Undertakings) Act 1952.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
2A Purposes of Act
The purposes of this Act are:
(a) to provide for the protection by the Commonwealth of…
Overview
The Defence (Special Undertakings) Act 1952 was enacted to provide for the protection of special defence undertakings, works, and areas that are critical for national and allied defence. This legislation was introduced to address the need for stringent security measures around defence-related activities and installations, ensuring they are safeguarded against potential threats. The Act was enacted by the Australian Parliament and aims to protect facilities and areas used for defence purposes, including those reserved for Australia and its allies, and those requiring special security measures to fulfil international obligations. The Act grants the Minister the authority to declare areas as prohibited or restricted, enforces strict penalties for unauthorised activities within these zones, and outlines procedures for the arrest, search, and prosecution of individuals violating these provisions.
Scope and Application
The Defence (Special Undertakings) Act 1952 applies both within and outside the Commonwealth of Australia, including all its territories, to safeguard works, undertakings, and areas critical for the defence of Australia or Australia and another country. The Act aims to protect these areas from unlawful entry, sabotage, and unauthorized photography or documentation. It empowers the Minister to declare areas as prohibited or restricted, and mandates permits for entry into these areas, with severe penalties for violations. The Act also provides for the search, arrest, and detention of individuals suspected of committing offences and allows for the seizure of articles that contravene the Act. The Act's provisions are supplemented by regulations that can be made under its authority, subject to certain limitations on penalties. The application of the Criminal Code to offences under this Act ensures a consistent legal framework for prosecuting violations.
Key Provisions
- The Defence (Special Undertakings) Act 1952 provides for the protection of special defence undertakings and areas in Australia. Key sections include the definition of special defence undertakings in Section 6, which are works or undertakings declared by the Minister for the defence of Australia or in relation to the defence of another country. Prohibited areas, where special defence undertakings are located, are detailed in Section 7. The Minister has the authority to declare additional prohibited areas under Section 8, and the Joint Defence Facility Pine Gap is specifically designated as a prohibited area in Section 8A.
- The Act imposes obligations on various parties to ensure the protection of these areas and undertakings. The Minister can appoint an officer in charge of a prohibited area under Section 10, who can issue permits for entry into these areas under Section 11. Persons holding such permits must comply with the conditions specified, as outlined in Section 12. Furthermore, individuals are prohibited from entering or being present in a prohibited area without a permit, or from making photographs, sketches, plans, or other documents of such areas, unless they have lawful authority or excuse, as stated in Section 9.
- Breaches of the Act can result in severe consequences. For example, unlawful entry into a prohibited area carries a penalty of imprisonment for up to 7 years (Section 9). Similarly, engaging in conduct that damages or interferes with infrastructure used for special defence undertakings can also result in imprisonment for up to 7 years (Section 13). Additionally, the Act prohibits the use of cameras or photographic material in prohibited areas without permission from the officer in charge, with violations resulting in imprisonment for up to 2 years (Section 17). Failure to comply with orders issued by the Minister regarding restricted areas can also lead to imprisonment for up to 2 years (Section 14). Furthermore, pilots who knowingly fly over prohibited or restricted areas without lawful authority face penalties of up to 2 years imprisonment (Section 16).
- In summary, the Defence (Special Undertakings) Act 1952 establishes a legal framework to protect critical defence infrastructure in Australia, outlining specific areas of application, the roles and responsibilities of various parties, and the penalties for non-compliance with the Act's provisions.
- Area of Law
- Defence Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards
