STATUTORY RULES.
1963. No. 128.
REGULATION UNDER THE DEFENCE ACT 1903-1956.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1956.
Dated this sixth day of December, 1963.
DE L’ISLE
Governor-General.
By His Excellency’s Command,
J. O. CRAMER
Minister of State for the Army, for and on behalf of Minister of State for Defence.
Amendments of the Control of Defence Areas Regulations.†
The Schedule.
The Schedule to the Control of Defence Areas Regulations is amended—
(a) by omitting from Part III. of Table I. the words—
“Walsh Island.
The area delineated and marked by horizontal hachuring on Plan No. 30, entitled Walsh Island (New South Wales) Defence Area, appearing on page 1872, of Commonwealth Gazette No. 63 of the twenty-ninth day of October, One thousand nine hundred and thirty-seven.”; and
(b) by omitting from Part III. of Table III. the words—
“Walsh Island.
The area delineated and marked by horizontal hachuring on Plan No. 30, entitled Walsh Island (New South Wales) Defence Area, appearing on page 1872 of Commonwealth Gazette No. 63 of the twenty-ninth day of October, One thousand nine hundred and thirty-seven.”.
* Notified in the Commonwealth Gazette on 12th December, 1963.
† Statutory Rules 1937, Nos. 99 and 107; as amended by Statutory Rules 1939, No. 35.
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
11905/63.—Price 3d. 10/19.11.1963.
Overview
Statutory Rules 1963 No. 128, made under the Defence Act 1903-1956, was enacted to amend the Control of Defence Areas Regulations. This legislative instrument, issued by the Governor-General in Council, represents a modification to the delineation of defence areas, specifically removing Walsh Island in New South Wales from the Defence Areas list. The policy objective of this amendment is not explicitly stated within the text, but it likely pertains to the administrative management and oversight of defence areas, ensuring that the Defence Act aligns with current needs and circumstances. The regulation was made to ensure that the Defence Act remains effective and relevant, addressing any gaps or outdated references within the legislative framework.
This regulation was introduced by the Commonwealth of Australia's Federal Executive Council, with the Minister of State for the Army, on behalf of the Minister of State for Defence, endorsing the changes. The intent behind this amendment is to streamline and update the regulatory framework governing defence areas, thereby enhancing the efficiency and accuracy of the Defence Act's application.
Scope and Application
This statutory rule pertains to amendments made under the Defence Act 1903-1956, specifically targeting the Control of Defence Areas Regulations. The amendments focus on the delineation of defence areas, removing references to Walsh Island, which was previously marked in the Control of Defence Areas Regulations. The regulation applies to all persons and entities within the Commonwealth of Australia, particularly those involved in defence operations and management of defence areas. The geographic reach is national, as the regulation is made under the Commonwealth’s authority and affects defence areas across the country. There are no stated exclusions or exemptions in these specific amendments; however, the overarching legislation and subordinate instruments may include additional criteria. The Defence Act 1903-1956, along with its subordinate instruments, extends and restricts the application of these regulations as necessary for the administration and control of defence areas.
Key Provisions
This legislative instrument amends the Control of Defence Areas Regulations under the Defence Act 1903-1956. Specifically, it removes the reference to Walsh Island in the schedule of defence areas, thereby excluding it from the purview of the existing regulations (Schedule, items (a) and (b)). This change likely signifies a reduction in the controlled areas subject to the Defence Act, potentially due to a reassessment of the island’s strategic importance or changes in its use. The regulation takes effect from the date of its notification in the Commonwealth Gazette, which was 12 December 1963.
The obligations imposed by this regulation primarily pertain to compliance with the updated schedule of defence areas. Entities or individuals operating within or near the areas previously controlled must now adjust their activities to align with the revised boundaries. This includes ensuring that any activities, construction, or operations do not inadvertently infringe upon the now-excluded Walsh Island area, which is no longer subject to the stringent controls previously in place.
Breaches of the Defence Act or its regulations can result in both civil and criminal penalties. Under the Act, unauthorised entry into a defence area can lead to prosecution and penalties. The specific consequences for non-compliance, such as fines or imprisonment, depend on the severity of the breach and the discretion of the court. For instance, unauthorised entry into a defence area can lead to a fine of up to $10,000 or imprisonment for up to six months, or both, for individuals. For corporations, the penalties can be significantly higher, reflecting the potential national security implications of non-compliance. The regulation thus serves to maintain the security and integrity of the remaining defence areas by clearly delineating which areas are still subject to strict controls.