Approved Defence Projects Protection Act 1947

Administered by Department of Defence

Legislation au C1947A00047 Not in force Act

Legislation content

Approved Defence Projects Protection Act 1947

Act No. 47 of 1947 as amended

This compilation was prepared on 23 December 2003
taking into account amendments up to Act No. 135 of 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

3A Application of the Criminal Code

4 Prevention etc. of carrying out of defence projects

Notes

 

An Act to provide for the protection of Approved Defence Projects, and for other purposes

1  Short title [see Note 1]

  This Act may be cited as the Approved Defence Projects Protection Act 1947.

2  Commencement [see Note 1]

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

3  Definitions

  In this Act, unless the contrary intention appears:

approved defence project means any work or undertaking for the testing of long range weapons which is approved by the Minister by notice in the Gazette as an immediate defence project and includes any other work or undertaking, being carried out or to be carried out either within or outside Australia for the defence of Australia or any Territory, which is so approved as an immediate defence project.

3A  Application of the Criminal Code

  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.

4  Prevention etc. of carrying out of defence projects

 (1) A person is guilty of an offence if:

 (a) the person boycotts or threatens to boycott any person, property, work or undertaking; and

 (b) by doing so the first‑mentioned person:

 (i) prevents, hinders or obstructs the carrying out of an approved defence project; or

 (ii) endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

 (1A) A person is guilty of an offence if:

 (a) the person publishes a declaration of a boycott or threat of a boycott; and

 (b) as a result, the carrying out of an approved defence project is prevented, hindered or obstructed.

 (1B) A person is guilty of an offence if, by speech or writing, the person advocates or encourages the prevention, hindrance or obstruction of the carrying out of an approved defence project.

 (1C) Subsections (1), (1A) and (1B) do not apply if the person has a reasonable cause or excuse.

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

 (1D) A person is guilty of an offence if:

 (a) the person uses violence or a threat of violence to a person or property, or engages in any other unlawful conduct; and

 (b) by doing so the first‑mentioned person:

 (i) prevents, hinders or obstructs the carrying out of an approved defence project; or

 (ii) endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

 (2) An offence against this section may be prosecuted summarily or upon indictment, but an offender shall not be punished more than once in respect of the same offence.

 (3) The punishment for an offence against this section shall be:

 (a) if the offence is prosecuted summarily—a fine of not more than One thousand dollars or imprisonment for not more than six months; and

 (b) if the offence is prosecuted upon indictment—a fine of not more than Ten thousand dollars or imprisonment for not more than twelve months, or both.

 (4) A prosecution for an offence against this section shall not be instituted except by the Attorney‑General or with the consent of the Attorney‑General or of a person thereto authorized in writing by the Attorney‑General.

Notes to the Approved Defence Projects Protection Act 1947

Note 1

The Approved Defence Projects Protection Act 1947 as shown in this compilation comprises Act No. 47, 1947 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Approved Defence Projects Protection Act 1947

47, 1947

12 June 1947

12 June 1947

 

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

—

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

—

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part LXXVII (s. 280): Royal Assent

S. 280(1) and (2)

Defence Legislation Amendment (Application of Criminal Code) Act 2001

141, 2001

1 Oct 2001

S. 4: Royal Assent
Schedule 1 (items 1, 2): 15 Dec 2001

S. 4
S. 2(2) (am. by 135, 2003, Sch. 2 (item 28))

as amended by

 

 

 

 

Defence Legislation Amendment Act 2003

135, 2003

17 Dec 2003

Schedule 2 (item 28): (a)

—

(a) Subsection 2(1) (item 9) of the Defence Legislation Amendment Act 2003 provides as follows:

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

9.  Schedule 2, item 28

Immediately after the commencement of section 2 of the Defence Legislation Amendment (Application of Criminal Code) Act 2001

1 October 2001

Table of Amendments

ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3....................

am. No. 216, 1973; No. 80, 1982

S. 3A ...................

ad. No. 141, 2001

S. 4....................

am. No. 93, 1966; No. 141, 2001

Table A

Application, saving or transitional provisions

Defence Legislation Amendment (Application of Criminal Code) Act 2001  (No. 141, 2001)

4  Application of amendments

 (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

 (2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Overview

The Approved Defence Projects Protection Act 1947, enacted by the Australian Parliament, was introduced to provide protection for approved defence projects, particularly those involving the testing of long-range weapons, which are critical to national security. This legislation was designed to ensure the smooth operation of these projects by prohibiting activities that might hinder or obstruct their execution, such as boycotts, threats, or acts of violence. The policy objective is to maintain the integrity and security of defence operations by criminalising actions that could interfere with approved defence projects. The Act applies the provisions of Chapter 2 of the Criminal Code to offences against it, outlining the principles of criminal responsibility. The Act allows for prosecution of offences either summarily or upon indictment, with penalties including fines and imprisonment. Prosecution can only be initiated by the Attorney-General or with their consent, underscoring the seriousness and governmental control over defence-related legal actions. This legislation has undergone amendments over the years, most notably with the Defence Legislation Amendment (Application of Criminal Code) Act 2001, which aligned the Act with the Criminal Code's provisions. The Approved Defence Projects Protection Act 1947 thus serves as a critical legal framework to safeguard national defence projects from disruptive activities.

Scope and Application

The Approved Defence Projects Protection Act 1947 applies to any person or entity that engages in conduct which affects the carrying out of an approved defence project, defined in the Act as any work or undertaking for the testing of long-range weapons or any other work or undertaking for the defence of Australia or any Territory approved by the Minister. The Act extends to any person or entity located within Australia or outside Australia, thus it has a national and international reach. The Act applies to offences under the Criminal Code, with provisions for prosecution by the Attorney-General or a person authorized in writing by the Attorney-General. The Act does not apply if the person has a reasonable cause or excuse for their conduct. Subordinate instruments may extend or restrict the application of the Act, although none are mentioned in the provided text.

Key Provisions

The Approved Defence Projects Protection Act 1947 (ADPPA) primarily deals with the protection of approved defence projects, which are defined in section 3 as any work or undertaking approved by the Minister for defence purposes. The Act applies to activities both within and outside Australia. The Act came into operation on the day it received Royal Assent, as stated in section 2. Section 3A applies the general principles of criminal responsibility from Chapter 2 of the Criminal Code to all offences under this Act. The Act imposes several obligations on individuals and entities. Firstly, it prohibits any person from boycotting or threatening to boycott any person, property, work, or undertaking if such actions prevent, hinder, or obstruct the execution of an approved defence project (section 4(1)). Additionally, it is an offence to publish a declaration of a boycott or threat of a boycott that results in the prevention, hindrance, or obstruction of an approved defence project (section 4(1A)). Furthermore, section 4(1B) prohibits advocating or encouraging the prevention, hindrance, or obstruction of an approved defence project through speech or writing. It is noteworthy that subsections (1), (1A), and (1B) do not apply if the person has a reasonable cause or excuse (section 4(1C)). Moreover, the use of violence, a threat of violence, or any other unlawful conduct to prevent, hinder, or obstruct an approved defence project is also prohibited (section 4(1D)). The Act further stipulates that an offence under section 4 may be prosecuted summarily or upon indictment, with maximum penalties of a fine of up to One thousand dollars or imprisonment for up to six months for summary prosecution, and a fine of up to Ten thousand dollars or imprisonment for up to twelve months, or both, for prosecution upon indictment (section 4(2) and (3)). Prosecution for offences under this Act must be instituted by the Attorney-General or with their consent (section 4(4)). Under the ADPPA, breaches of its provisions can result in significant penalties. Specifically, offences under section 4 are subject to penalties ranging from fines up to One thousand dollars or imprisonment for up to six months if prosecuted summarily, and up to Ten thousand dollars or imprisonment for up to twelve months, or both, if prosecuted upon indictment. Additionally, the Act mandates that prosecutions for these offences can only be instituted by the Attorney-General or with their consent, ensuring a high level of oversight and control over enforcement actions.

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Criminal Law
Instrument
Act
Concepts
Offence Provisions
Definitions & Interpretation
Commencement Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.