DEFENCE.
No. 50 of 1932.
An Act to amend the Defence Act 1903–1927.
[Assented to 21st November, 1932.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Defence Act 1932.
(2.) The Defence Act 1903–1927 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence Act 1903–1932.
Unlawfully disposing of arms, &c.
2. Section seventy-nine of the Principal Act is amended by inserting, after sub-section (1.), the following sub-section:—
“(1a.) In any prosecution under this section for failure to deliver up when lawfully required so to do any arms, accoutrements or other naval or military articles belonging to the Commonwealth or to any corps—
(a) if it is proved to the satisfaction of the Court that any such article was in the possession of the defendant at any time prior to the time at which he was required to deliver up the article, he shall be deemed, in the absence of proof by him of the lawful disposal of the article, to have continued in possession of the article up to the time when he was required to deliver up the article; and
(b) inability to deliver up the article shall not be a defence unless the defendant proves to the satisfaction of the Court that such inability did not arise from any negligence or wrongful act or omission on his part.”.
Overview
The Defence Act 1932 was enacted to amend the Defence Act 1903–1927 and specifically addresses the issue of unlawfully disposing of arms and other military articles belonging to the Commonwealth. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and its policy objective is to ensure that individuals who unlawfully possess Commonwealth arms or military articles are held accountable. The Act introduces stricter measures to ensure that individuals who fail to deliver such items when lawfully required are deemed to have continued in possession of these items unless they can prove otherwise. This amendment aims to prevent negligence or wrongful acts or omissions in the disposal of these critical materials.
Scope and Application
The Defence Act 1932 amends the Defence Act 1903–1927, which is now referred to as the Defence Act 1903–1932. This legislation pertains to the regulation and management of arms, accoutrements, and other naval or military articles belonging to the Commonwealth or any corps. It applies to individuals and entities that are in possession of such articles and who fail to deliver them up when lawfully required. The Act imposes strict liability for the continued possession of these articles unless lawful disposal can be proven, and it disallows the defence of inability to deliver up the article unless the defendant can demonstrate that this inability did not arise from negligence or wrongful act or omission on their part. The Act extends its jurisdiction across the Commonwealth of Australia, impacting both individuals and entities within this jurisdiction.
The Defence Act 1932's scope includes any person or entity found in possession of arms, accoutrements, or other naval or military articles at the time of a lawful requirement to deliver them up. The Act does not explicitly exclude any specific persons, entities, industries, or transactions but applies broadly to anyone in possession of such articles. The Act's jurisdictional reach is nationwide, applying to all persons and entities within the Commonwealth of Australia. The Act may be further extended or restricted through subordinate instruments, which can provide additional clarity or specific regulations under the broad provisions outlined in the primary Act.
Key Provisions
The Defence Act 1932 (referred to as the "Act") introduces amendments to the Defence Act 1903–1927 (the "Principal Act"). Section 2 of the Act inserts a new subsection (1a) into Section 79 of the Principal Act. This new subsection provides that if a person is prosecuted for failing to deliver up arms, accoutrements, or other naval or military articles belonging to the Commonwealth or to any corps, they are presumed to have continued in possession of the articles until the time of the lawful requirement to deliver them up, unless they can prove lawful disposal. Furthermore, inability to deliver up the article is not a defence unless the person can prove that their inability was not due to any negligence or wrongful act or omission on their part.
The Act imposes specific obligations on individuals who possess arms, accoutrements, or other naval or military articles belonging to the Commonwealth or to any corps. These individuals must ensure they deliver up these articles when lawfully required to do so. Failure to comply with this requirement can result in prosecution under Section 79 of the Principal Act, as amended by Section 2 of the Act. Those subject to this Act must take care to avoid negligence or wrongful acts or omissions that might prevent them from delivering up the articles when required.
Breach of the provisions set out in Section 2 of the Act can result in criminal consequences. If a person is found to have failed to deliver up arms, accoutrements, or other naval or military articles when required, and it is proven that they were in possession of the articles prior to the requirement, they can be prosecuted. The inability to deliver up the articles is not a defence unless the person can prove that their inability was not due to any negligence or wrongful act or omission on their part. The Act does not specify maximum penalties for these offences, meaning the penalties would be determined according to the relevant legal provisions applicable at the time of prosecution.