Safety of Defences Act 1890 (SA)

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ANNO QUINQUAGESIMO TERTIO ET QUINQUA-

GESIMO QUARTO

A.

D. 1890.

No. 488.

An Act to prevent the Unauthorised Disclosure of Information relating to the Defences of South Australia,

[Assented to, December

23 rd, 1890.1

E it Enacted by the Governor of the Province of South Council and House of' Assembly of the said proviuce, in this

B Australia, with the advice and eonsont of the Legidatjive

present Parlinxncnt assembled, as ibllows:

1. It shall not be lawful for any person to make any sketch, Sketching, &C., of

fortifications

drawing, photograph, picture, or painting of any fort, battery, pmhibito4

by

fieldwork, fortification, or other military work of defence in permission. viously obtained the permission, in writ i~g, of the Chief Secre-

tary on the recorr~ruerdation of the Commandant of the South

~ i s tra l ian Military Forces. Such permission shall clearly and expressly state the nature of the sketches, drawings, photographs, pictures, or paintings which mav be made by the person to whom such permission ia given, and the place or places of which such sketches, drawings, photographs, pictures, or paintings may be made.

to the Crown,

2, Any person offending against the provisions of the above Penalty for offending

A. ~~$~f,*yisi0n80f without hard labor, for any period not exceeding two years, and a11 such sketches, drawings, photographs, pictures, or paintings,

section shall be liable to penalty not exceeding One Hundred

and all tools and all materials or apparatus for sketching, drawing,

photographing, or painting found in his possession shdl be forfeited

53" & 54" VICTORIE, No. 488.

me 8afety of Defences Act-1890.

Penalq on persona

found m or near forte

3. Any person who enters or approaches any fort, battery, field-

with drawing

work, fortification, or other inilitarv work of defence in the said

materials, &c.

with sketching, drawing, photographing, or painting

materials or apparatus in his possession, with the intention of

evading the provisions of this Act, shall be liable, upon conviction,

Penalty-Fine, or

to a pena l t~ not exceeding Twenty-five Pounds, and in default to

imprisoment.

inqwisonment, with or without hard labor, for any period not exceeding three calendar months, with or without hard labor, and all materials or apparatus for sketching, drawing, photographing, or painting fourid in his possossiod shall be forfeited to the Crown.

Pendty on persons

trespassing.

4, Any person found trespassing on any enclosed fort, battery,

fieldwork, fortification, or other work of military defence, may be

summarily removed therefrom by any officer or member of the

Defence Forces, or any officer of police, and shall he liable to a penalty of not exceeding Twenty Pounds, ancl in default to im- prisonmeut not exceeding one month, with or without hard labor.

Penalty on communi-

cating information

5. Any officer or member of the Defence Forces or officer of the

wspeding defenms.

Civil Service who communicntes to any person, otherwise than in the course of his official duty, any plans, documents, or other information relatir~g to any fort, battery, fieldwork, fortificatioo, or other work of rnil~tary defence, or to any other defences of' the province, sliall be guilty of' n miadernennor, and shall, on coavi~t~ion,

be liable to imprisonment for any term not exceeding three years,

with or without hard labor.

Proceedings before

Justices.

6. All proceedings for offences against this Act, except the misdemeanor mentioned in section 5, or for the recovery of penalties, shall be heard and determined in a summary way by any Special Magistrate or two dustices of the Peace, under the provisions

of an Ordinance of the Governor and Legislative Council, No. 6 of

3 850, intituled, " To facilitate the performance of the Duties of Justices of the Peace out of Sessions, with respect to summary con- victions and orders," or of any Act now in force, or hereafter to be in force, relating to the duties of Justices of the Peace with respect to sunimary convictions and orders.

Short title.

7, This Act may be cited as "The Safety of Defences Act,

1890."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

--

Adelaide : By authority., C, E. Bmrow, Government Printer, Nod-terrace.

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