Safety of Defences Act 1892 (WA)
Meztern gittotratta.
ANNO QUINQUAGESIA10 SEXTO
| VICTORIA,' REGI | • |
-fl**** .ISOfl ikrnia***fl*a*****flfl***flflflik* .P ua. * eian***** *
No. IV.
AN- ACT to prevent the Unauthorised Dis- closure of Information relating to the Defences of Western Australia.
[Assented to, isth January, ig93.]
| with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- | BE it enacted by the Queen's Most Excellent Majesty, by and | |
| ment assembled, and by the authority of the same, as follows :— | ||
|
Preamble.
fortifications pro-
| ture, or painting of any fort, battery, fieldwork, fortification, or other | hibited, save by |
| permission. | |
| military work of defence in Western Australia, or of any portion thereof, without having previously obtained the permission, in writ- ing, of the Minister for the time being charged with the administration of the defences of the Colony on the recommendation of the Com- mandant of the Western Australian -Military Forces, but such permission may be revoked by the Minister at any time. Such per- mission shall clearly awl expressly state the nature of the sketches, |
56° VICTORI7E, No. 4.
Safety of Defences.
drawings, photographs, pictures, or paintings which may be made by the person to whom such permission is given, and the place or places of which such sketches, drawings, photographs, pictures, or paintings may be made.
2. ANY person offending against the provisions of the last
Penalty for offending
| against provisions of | preceding section shall be liable to a penalty not exceeding One |
| Section 1. | hundred pounds, or, at the discretion of the Justices, to be im- prisoned, with or without hard labor, for any period not exceeding six months ; and all sketches, drawings, photographs, pictures, and paintings, and all tools and all materials or apparatus for sketching, drawing, photographing, or painting found in his possession shall be forfeited to the Crown, and may be destroyed, sold, or otherwise disposed of as the Governor shall direct. |
| Penalty on persons | 3. | ANY person who enters or approaches any fort, battery, |
| found in or near | fieldwork, fortification, or other military work of defence in the said |
| forts with drawing | Colony, with sketching, drawing, photographing, or painting |
| materials, &c. | • |
materials or apparatus in his possession, with the intention or apparent intention of committing any breach of the provisions of this
| Penalty—Fine, or | Act, shall be liable, upon conviction, to a penalty not exceeding Fifty |
| imprisonment. | pounds, and all tools and all materials or apparatus for sketching, drawing, photographing, or painting found in his possession shall be forfeited to the Crown, and may be destroyed, sold, or otherwise disposed of as the Governor shall direct. |
ANY person found trespassing on any fort, battery, field- work, fortification, or other work of military defence, or on any land reserved for or forming part of such defences, and whether any erection, fort, fortification, or work of any kind may be standing thereon or not, may be summarily arrested without warrant and removed therefrom by any officer or member of the Defence Forces, or any officer or member of the police force, and shall be liable to a penalty not exceeding Twenty pounds.
| Penalty on persons | 4. |
trespassing.
5. ANY officer or member of the Defence Forces or officer of
Penalty on communi- the Civil Service who communicates to any person, otherwise than
| eating | information |
| respecting defences. | in the course of his official duty, any plans, documents, or otheri |
| information relating to any fort, battery, fieldwork, fortification, or other work of military defence in Western Australia, or to any other defences of the Colony, shall be guilty of a misdemeanor, and shall, on conviction, be liable to imprisonment for any term not exceeding three years, and not less than one year, and to a fine not exceeding Two hundred pounds, and not less than Fifty pounds. |
6. ALL proceedings for offences against this Act, except the mis-
Proceedings before demeanor mentioned in section five, or for the recovery of penalties,
Justices.
56° VICTORTIE, No. 4.
Safety of Defences.
shall be heard and determined in a summary way by ally Resident Magistrate or two or more Justices of the Peace, under the pro- visions of an Ordinance of the Governor and Legislative Council, No. 5 of 1850, intituled " An Ordinance to facilitate the perform- ance of the Duties of Justices of the Peace out of Sessions within the Colony of Western Australia, with respect to summary convic- tions 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 summary convictions and orders.
7.
| THIS Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or by military or naval law, or under any Act other than this Act, so, however, that no person be punished twice for the same offence. | Sax |
8. THIS Act may be cited as " The Safety of Defences Act, Short title
1892."
In the name and on behalf of the Queen I hereby assent
to this Act.
W. C. F. ROBINSON, Governor.
Authority: RICHARD PETHER, Government Printer, Perth
0
0
0