Control of Defence Areas Regulations (Amendment)

Legislation au C1939L00035 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 35.

 

REGULATIONS UNDER THE DEFENCE ACT 1903-1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1934.

Dated this tenth day of May, 1939.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the Control of Defence Areas Regulations.†

Amendment of Schedule.

1. Table I. in the Schedule to the Control of Defence Areas Regulations is amended as follows:—

(a) by omitting from PART I.—NORTHERN TERRITORY the sub-heading Darwin and the particulars shown thereunder, and inserting in their stead the following subheading and particulars:—

“Darwin.

The areas delineated and marked by oblique, by horizontal and by cross hachuring, respectively, on Plan No. 1, entitled Darwin (Northern Territory) Defence Area, appearing on page 536 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(b) by inserting in PART II.—QUEENSLAND—

(i) after the sub-heading Archerfield and the particulars shown thereunder, the following subheading and particulars:—

“Cairns.

The area delineated and marked by horizontal hachuring on Plan No. 3a, entitled Cairns (Queensland) Defence Area, appearing on page 537 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cloncurry and the particulars shown thereunder, the following subheading and particulars:—

“cooktown.

The area delineated and marked by horizontal hachuring on Plan No. 6a, entitled Cooktown (Queensland) Defence Area, appearing on page 538 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

 

* Notified in the Commonwealth Gazette on , 1939.

† Statutory Rule 1937, No. 99, as amended by Statutory Rule 1937, No. 107.

4687.—10/24.4.1939.—Price 3d.

(iii) after the sub-heading Peak Point and the particulars shown thereunder, the following subheading and particulars:—

“rockhampton.

The area delineated and marked by horizontal hachuring on Plan No, 11 a, entitled Rockhampton (Queensland) Defence Area, appearing on page 539 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine Hundred and thirty-nine.;

(c) by inserting in PART III.—NEW SOUTH WALES—

(i) before the sub-heading Ben Buckler and the particulars shown thereunder, the following sub-heading and particulars:—

“Albury.

The area delineated and marked by horizontal hachuring on Plan No. 12a entitled Albury (New South Wales) Defence Area, appearing on page 540 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Ben Buckler and the particulars shown thereunder, the following subheading and particulars:—

“Coff’s Harbour.

The area delineated and marked by horizontal hachuring on Plan No. 14a, entitled Coff’s Harbour (New South Wales) Defence Area, appearing on page 541 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(d) by omitting from PART III.—NEW SOUTH WALES the sub-heading Goulburn and the particulars shown thereunder and inserting in their stead the following sub-headings and particulars:—

“Evan’s Head.

The area delineated and marked by horizontal hachuring on Plan No. 15a, entitled Evan’s Head (New South Wales) Defence Area, appearing on page 542 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Goulburn.

The area delineated and marked by horizontal hachuring on Plan No. 16, entitled Goulburn (New South Wales) Defence Area, appearing on page 543 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Holbrook.

The area delineated and marked by horizontal hachuring on Plan No. 16a, entitled Holbrook (New South Wales) Defence Area, appearing on page 544 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Kempsey.

The area delineated and marked by horizontal hachuring on Plan No. 16b, entitled Kempsey (New South Wales) Defence Area, appearing on page 545 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(e) by inserting in PART III—NEW SOUTH WALES, after the sub-heading North Head and the particulars shown thereunder, the following sub-heading and particulars:—

“Port Kembla.

The area delineated and marked by horizontal hachuring on Plan No. 23a, entitled Port Kembla (New South Wales) Defence Area, appearing on page 540 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(f) by inserting in PART IV.—VICTORIA, before the sub-heading Corio and the particulars shown thereunder, the following sub-heading and particulars:—

“Benalla.

The area delineated and marked by horizontal hachuring on Plan No. 30a, entitled Benalla (Victoria) Defence Area, appearing on page 547 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(g) by omitting from PART IV.—VICTORIA the sub-heading Essendon and the particulars shown thereunder and inserting in their stead the following sub-heading and particulars:—

“Essendon.

The area delineated and marked by horizontal hachuring on Plan No. 32, entitled Essendon (Victoria) Defence Area, appearing on page 548 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.’”

(h) by inserting in PART IV.—VICTORIA, after the sub-heading Swan Island and the particulars shown thereunder, the following sub-heading and particulars:—

“Williamstown.

The area shown hachured on Plan No. 39a, entitled Williamstown (Victoria) Defence Area, appearing on page 549 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(i) by inserting in PART VII.—TASMANIA, after the sub-heading Western Junction and the particulars shown thereunder, the following sub-heading and particulars:—

“Wynyard.

The area delineated and marked by horizontal hachuring on Plan No. 61, entitled Wynyard (Tasmania) Defence Area, appearing on page 550 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”.

2. Table II. in the Schedule to the Control of Defence Areas Regulations is amended as follows:—

(a) by omitting from PART I.—NORTHERN TERRITORY the sub-heading Darwin and the particulars shown thereunder and inserting in their stead the following sub-heading and particulars:—

“Darwin.

The area delineated and marked by horizontal hachuring on Plan No. 1, entitled Darwin (Northern Territory) Defence Area, appearing on page 538 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(b) by inserting in PART II.—QUEENSLAND—

(i) after the sub-heading Archerfield and the particulars shown thereunder, the following subheading and particulars:—

“Cairns.

The area delineated and marked by horizontal hachuring on Plan No. 3a, entitled Cairns (Queensland) Defence Area, appearing on page 537 of Commonwealth Gazette No. 17 of the fifth day of April, one thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cloncurry and the particulars shown thereunder, the following subheading and particulars:—

“Cooktown.

The area delineated and marked by horizontal hachuring on Plan No. 6a, entitled Cooktown (Queensland) Defence Area, appearing on page 538 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(iii) after the sub-heading Longreach and the particulars shown thereunder, the following subheading and particulars:—

“Rockhampton.

The area delineated and marked by horizontal hachuring on Plan No. 11a, entitled Rockhampton (Queensland) Defence Area, appearing on page 539 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(c) by inserting in PART III.—NEW SOUTH WALES—

(i) after the sub-heading Brookvale and the particulars shown thereunder, the following subheading and particulars:—

“Coff’s Harbour.

The area delineated and marked by horizontal hachuring on Plan No. 14a, entitled Coff’s Harbour (New South Wales) Defence Area, appearing on page 541 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cootamundra and the particulars shown thereunder, the following subheadings and particulars:—

“Evan’s Head.

The area delineated and marked by horizontal hachuring on Plan No. 15a, entitled Evan’s Head (New South Wales) Defence Area, appearing on page 542 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Goulburn.

The area delineated and marked by horizontal hachuring on Plan No. 16, entitled Goulburn (New South Wales) Defence Area, appearing on page 543 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Holbrook.

The area delineated and marked by horizontal hachuring on Plan No. 16a, entitled Holbrook (New South Wales) Defence Area, appearing on page 544 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Kempsey.

The area delineated and marked by horizontal hachuring on Plan No. 16b, entitled Kempsey (New South Wales) Defence Area, appearing on page 545 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(iii) after the sub-heading Mascot and the particulars shown thereunder, the following sub-heading and particulars:—

“Port Kembla.

The area delineated and marked by horizontal hachuring on Plan No. 23a, entitled Port Kembla (New South Wales) Defence Area, appearing on page 546 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(d) by inserting in PART IV.—VICTORIA, before the sub-heading Corio and the particulars shown thereunder, the following sub-heading and particulars:—

“Benalla.

The area delineated and marked by horizontal hachuring on Plan No. 30a, entitled Benalla (Victoria) Defence Area, appearing on page 547 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(e) by omitting from PART IV.—VICTORIA the sub-heading Essendon and the particulars shown thereunder and inserting in their stead the following sub-heading and particulars:—

“Essendon.

The area delineated and marked by horizontal hachuring on Plan No. 32, entitled Essendon (Victoria) Defence Area, appearing on page 548 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(f) by inserting in PART VII.—TASMANIA, after the subheading “Western Junction and the particulars shown thereunder, the following sub-heading and particulars:—

“Wynyard.

The area delineated and marked by horizontal hachuring on Plan No. 61, entitled Wynyard (Tasmania) Defence Area, appearing on page 550 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”.

3. Table III. in the Schedule to the Control of Defence Areas Regulations is amended as follows:—

(a) by omitting from PART I.—NORTHERN TERRITORY the subheading Darwin and the particulars shown thereunder, and inserting in their stead the following sub-heading and particulars:—

“Darwin.

The area delineated and marked by oblique hachuring on Plan No. 1 entitled Darwin (Northern Territory) Defence Area, appearing on page 536 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(b) by inserting in PART II.—QUEENSLAND—

(i) after the sub-heading Archerfield and the particulars shown thereunder, the following subheading and particulars:—

“Cairns.

The area delineated and marked by vertical hachuring on Plan No. 3a, entitled Cairns (Queensland) Defence Area, appearing on page 537 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cloncurry and the particulars shown thereunder, the following subheading and particulars:—

“Cooktown.

The area delineated and marked by vertical hachuring on Plan No. 6a, entitled Cooktown (Queensland) Defence Area, appearing on page 538 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(iii) after the sub-heading Moreton Island and the particulars shown thereunder, the following sub-heading and particulars:—

“Rockhampton.

The area delineated and marked by vertical hachuring on Plan No. 11a, entitled Rockhampton (Queensland) Defence Area, appearing on page 539 of Commonwealth Gazette No, 17 of the fifth day of April, One thousand nine hundred and thirty-nine,”;

(c) by inserting in PART III.—NEW SOUTH WALES—

(i) after the sub-heading Ben Buckler and the particulars shown thereunder, the following subheading and particulars:—

“Coff’s Harbour.

The area delineated and marked by vertical hachuring on Plan No, 14a, entitled Coff’s Harbour (New South Wales) Defence Area, appearing on page 541 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cootamundra and the particulars shown thereunder, the following subheadings and particulars:—

“Evan’s Head.

The area delineated and marked by vertical hachuring on Plan No. 15a, entitled Evan’s Head (New South Wales) Defence Area, appearing on page 542 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Goulburn.

The area delineated and marked by vertical hachuring on Plan No. 16, entitled Goulburn (New South Wales) Defence Area, appearing on page 543 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Holbrook.

The area delineated and marked by vertical hachuring on Plan No. 16a, entitled Holbrook (New South Wales) Defence Area., appearing on page 544 of Common-wealth Gazette No. 17 of the fifth day or April, One thousand nine hundred and thirty-nine.’’

“Kempsey.

The area delineated and marked by vertical hachuring on Plan No, 16b, entitled Kempsey (New South Wales) Defence Area, appearing on page 545 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(d) by inserting in PART IV.—VICTORIA, before the sub-heading Corio and the particulars shown thereunder, the following sub-heading and particulars:—

“Benalla.

The area delineated and marked by vertical hachuring on Plan No. 30a, entitled Benalla (Victoria) Defence Area, appearing on page 547 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(e) by omitting from PART IV.—VICTORIA the sub-heading Essendon and the particulars shown thereunder and inserting in their stead the following sub-heading and particulars:—

“Essendon.

The area delineated and marked by vertical hachuring on Plan No. 32, entitled Essendon (Victoria) Defence Area, appearing on page 548 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”; and

(f) by inserting in PART VII.—TASMANIA, after the subheading “Western Junction and the particulars shown thereunder, the following subheading and particulars:—

“Wynyard.

The area delineated and marked by vertical hachuring on Plan No. 61, entitled Wynyard (Tasmania) Defence Area, appearing on page 550 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

4. Table IV. in the Schedule to the Control of Defence Areas Regulations is amended as follows:—

(a) by omitting from PART I.—NORTHERN TERRITORY the sub-heading Darwin and the particulars shown thereunder, and inserting in their stead the following sub-heading and particulars:—

“Darwin.

The unhachured portion of the area bounded by the thick broken line, and the area delineated and marked by cross hachuring on Plan No. 1, entitled Darwin (Northern Territory) Defence Area, appearing on page 536 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(b) by inserting in PART II.—QUEENSLAND—

(i) after the sub-heading Archerfield and the particulars shown thereunder, the following sub-heading and particulars:—

“Cairns.

The unhachured portion of the area bounded by the thick broken line on Plan No. 3a, entitled Cairns (Queensland) Defence Area, appearing on page 537 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cloncurry and the particulars shown thereunder, the following subheading and particulars:—

“Cooktown.

The unhachured portion of the area bounded by the thick broken line on Plan No. 6a, entitled Cooktown (Queensland) Defence Area, appearing on page 538 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(iii) after the sub-heading Longreach and the particulars shown thereunder, the following subheading and particulars:—

“Rockhampton.

The unhachured portion of the area bounded by the thick broken line on Plan No. 11a, entitled Rockhampton (Queensland) Defence Area, appearing on page 539 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(c) by inserting in PART III.—NEW SOUTH WALES—

(i) before the sub-heading Cootamundra and the particulars shown thereunder, the following subheading and particulars:—

“Coff’s Harbour.

The unhachured portion of the area bounded by the thick broken line on Plan No. 14a, entitled Coff’s Harbour (New South Wales) Defence Area, appearing on page 541 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(ii) after the sub-heading Cootamundra and the particulars shown thereunder, the following subheadings and particulars:—

“Evan’s Head.

The unhachured portion of the area hounded by the thick broken line on plan No. 15a, entitled Evan’s Head (New South Wales) Defence Area, appearing on page 542 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Goulburn.

The unhachured portion of the area bounded by the thick broken line on Plan No. 16, entitled Goulburn (New South Wales) Defence Area, appearing on page 543 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Holbrook.

The unhachured portion of the area bounded by the thick broken line on Plan No. 16a, entitled Holbrook (New South Wales) Defence Area, appearing on page 544 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”

“Kempsey.

The unhachured portion of the area bounded by the thick broken line on Plan No. 16b, entitled Kempsey (New South Wales) Defence Area, appearing on page 545 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(d) by inserting in PART IV.—VICTORIA, before the sub-heading Essendon and the particulars shown thereunder, the following sub-heading and particulars:—

“Benalla.

The unhachured portion of the area bounded by the thick broken line on Plan No. 30a, entitled Benalla (Victoria) Defence Area, appearing on page 547 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”; and

(e) by omitting from PART IV.—VICTORIA the sub-heading Essendon and the particulars shown thereunder and inserting in their stead the following sub-heading and particulars:—

“Essendon.

The unhachured portion of the area bounded by the thick broken line on Plan No. 32, entitled Essendon (Victoria) Defence Area, appearing on page 548 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”;

(f) by inserting in PART VII.—TASMANIA, after the sub-heading Western Junction and the particulars shown thereunder, the following sub-heading and particulars:—

“Wynyard.

The unhachured portion of the area bounded by the thick broken line on Plan No. 61, entitled Wynyard (Tasmania) Defence Area, appearing on page 550 of Commonwealth Gazette No. 17 of the fifth day of April, One thousand nine hundred and thirty-nine.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Control of Defence Areas Regulations 1939 were enacted to provide a legal framework for the control and management of designated defence areas across Australia. The Regulations, made under the Defence Act 1903-1934, address the need to delineate specific areas for military purposes, ensuring that they are appropriately managed and regulated to support national defence objectives. Enacted by the Governor-General in Council, these Regulations specify the boundaries and control measures for various defence areas, including Darwin, Cairns, Rockhampton, Albury, Coffs Harbour, and other locations across the Northern Territory, Queensland, New South Wales, Victoria, and Tasmania. The policy objective of these Regulations is to establish clear guidelines for the administration of defence areas, ensuring they are adequately protected and managed for the purposes of national security.

Scope and Application

The Control of Defence Areas Regulations, as amended by Statutory Rules 1939, No. 35, applies to the delineation of defence areas within the Commonwealth of Australia, including the Northern Territory, Queensland, New South Wales, Victoria, and Tasmania. The regulations specify particular areas, including Darwin, Cairns, Cooktown, Rockhampton, Albury, Coff’s Harbour, Evans Head, Goulburn, Holbrook, Kempsey, Port Kembla, Benalla, Essendon, Williamstown, and Wynyard, each marked by specific hachuring on designated plans appearing in the Commonwealth Gazette. These areas are subject to specific controls and restrictions necessary for defence purposes, as outlined in the Defence Act 1903-1934. The regulations are applicable to all persons and entities within these delineated areas and extend to any conduct or transactions that occur within these zones. There are no explicit exclusions or exemptions mentioned in the text of these regulations; however, any exceptions would be detailed in the subordinate instruments or further legislative provisions.

Key Provisions

The statutory rules, made under the Defence Act 1903-1934, primarily focus on amending the Schedule to the Control of Defence Areas Regulations, specifically updating the delineation of defence areas across various Australian territories and states (Regulations 1–4). Each regulation specifies new subheadings and particulars for areas in the Northern Territory, Queensland, New South Wales, Victoria, and Tasmania, detailing these areas by referencing plans and pages in the Commonwealth Gazette No. 17 dated April 5, 1939. These updates involve either omitting existing subheadings and inserting new ones or adding new subheadings and particulars to the Schedule. These amendments impose obligations on relevant authorities and entities to ensure that the updated delineations of defence areas are accurately reflected in their records and operations. The changes necessitate updating maps, plans, and any documentation that references these defence areas to comply with the new specifications outlined in the regulations. Authorities must also ensure that any actions or permissions related to these areas, such as land use, construction, or military operations, align with the updated boundaries and conditions specified in the amended Schedule. Breaches of these regulations, if they inadvertently result in actions that contravene the updated defence area delineations, could lead to legal consequences. Although the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the text of these regulations, under general Australian legislative principles, unauthorised activities within defence areas could result in penalties including fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as other relevant laws that might be applicable.

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