Defence (Prohibited Wharves and Buildings) Regulations 1950

Defence (Prohibited Wharves and Buildings) Regulations 1950

Statutory Rules 1950 No. 57 as amended

made under the

Defence Act 1903

This compilation was prepared on 22 December 2003
taking into account amendments up to SR 2001 No. 305 and
Act No. 135 of 2003

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

Contents

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 3 Prohibited wharves 

 4 Prohibited buildings 

 5 Entry, etc, of prohibited wharves and buildings forbidden 

 6 Permits 

 7 Officer or person in charge 

 8 Compliance with directions of officer or person in charge 

 9 Search 

 10 Removal 

 11 Delegation 

Notes  

1 Name of Regulations [see Note 1]

  These Regulations are the Defence (Prohibited Wharves and Buildings) Regulations 1950.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

service munitions includes all material used or capable of being used for naval, military or air force purposes.

wharf means any wharf, pier, jetty, dock, or portion thereof, or other place at or within which ships may load or unload cargo or embark or disembark passengers.

3 Prohibited wharves

 (1) Whenever:

 (a) any service munitions are being, or intended to be, loaded on, or unloaded from, a ship or otherwise handled at a wharf;

 (b) any service munitions are being, or intended to be, delivered, stacked or stored at, or taken from, a wharf; or

 (c) any members of the Defence Force are embarking or disembarking, or are about to embark or disembark, at a wharf;

the Minister may, where it is necessary so to do for the defence of the Commonwealth:

 (d) if the wharf is not already enclosed, enclose or shut off the wharf by fences, hurdles or other obstacles to prevent or regulate access thereto; and

 (e) place in a prominent position on the wharf, or at the entrance to the wharf, a notice indicating that entry on the wharf is prohibited except under the authority of a permit issued in pursuance of regulation 6.

 (2) A wharf on which, or at the entrance to which, a notice is placed in pursuance of paragraph (1) (e) shall be a prohibited wharf for the purposes of these Regulations.

4 Prohibited buildings

 (1) Whenever any service munitions are kept or stored in a building or other erection on or near a wharf before being loaded on, or after having been unloaded from, a ship, the Minister may place in a prominent position on the building or erection a notice indicating that entry therein is prohibited except under the authority of a permit issued in pursuance of regulation 6.

 (2) A building or other erection on which a notice is placed in pursuance of subregulation (1) shall be a prohibited building for the purposes of these Regulations.

5 Entry, etc, of prohibited wharves and buildings forbidden

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

 (a) the person is not a member of the Defence Force engaged on duties in connection with the transportation of members of that Force or the transport, storage or other handling of service munitions; and

 (b) the person either:

 (i) enters, inspects, or is on or in a prohibited wharf or prohibited building; or

 (ii) approaches in a boat within 15 metres of a prohibited wharf.

Penalty:   1 penalty unit or imprisonment for 3 months.

 (2) In subparagraphs (1) (b) (i) and (ii), strict liability applies to the physical element that the building or wharf is a prohibited building or wharf.

Note   For strict liability, see section 6.1 of the Criminal Code.

 (3) It is a defence if the person had a permit under regulation 6 for the relevant conduct.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (3) (see section 13.3 of the Criminal Code).

6 Permits

 (1) The Minister may, by writing under his hand, issue a permit authorizing a person to enter, inspect or be on or in any prohibited wharf or prohibited building.

 (2)  A permit under this regulation:

 (a) may be issued subject to such conditions and restrictions as are specified in the permit; and

 (b) may be suspended pending consideration of the revocation of the permit.

 (3) A person who holds a permit issued under this regulation is guilty of an offence if:

 (a) the person does not comply with a condition or restriction in the permit; or

 (b) if the permit is revoked or suspended — the person does not deliver it to a person specified by the Minister as soon as practicable.

Penalty:   1 penalty unit or imprisonment for 3 months.

 (4) In subregulation (3), strict liability applies to the physical element that the permit was issued under this regulation.

Note   For strict liability, see section 6.1 of the Criminal Code.

7 Officer or person in charge

  The Minister may, by writing under his hand, appoint an officer of the Defence Force or any person to be the officer or person in charge of a prohibited place or of a prohibited building.

8 Compliance with directions of officer or person in charge

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

 (a) the person enters, inspects, or is on or in a prohibited wharf or prohibited building; and

 (b) the person is given a direction by the officer or other person in charge regulating his or her conduct while on or in the wharf or building; and

 (c) the person does not comply with the direction.

Penalty:   1 penalty unit or imprisonment for 3 months.

 (2) In paragraph (1) (a), strict liability applies to the physical element that the building or wharf is a prohibited building or wharf.

Note   For strict liability, see section 6.1 of the Criminal Code.

9 Search

  A member of the Defence Force, a member or special member of the Australian Federal Police or a member of the Police Force of a State or of a Territory or any person thereto authorized by the officer or other person in charge of a prohibited wharf or prohibited building may search any person who, whether with or without lawful authority, is within the precincts of a prohibited wharf or prohibited building and may detain any such person for the purpose of searching him and may seize any article found on any such search which he has reasonable ground for believing to be evidence of the commission of an offence or the possession of which gives ground for suspicion that an offence is about to be committed or which tends to show that the person was within those precincts for a purpose prejudicial to the defence of the Commonwealth:

Provided that a woman shall not be searched except by a woman.

10 Removal

  If any person is on or in a prohibited wharf or prohibited building in contravention of these Regulations or, while thereon or therein, fails to comply with any direction given by the officer or other person in charge, he may, without prejudice to any proceedings which may be taken against him, be removed therefrom by a member of the Defence Force, a member or special member of the Australian Federal Police or a member of the Police Force of a State or of a Territory or any person thereto authorized by the officer or other person in charge.

11 Delegation

 (1) The Minister may, in relation to any matters or class of matters, or in relation to any particular State or part of Australia, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters, or the State or part of Australia, specified in the instrument of delegation.

 (2) Every delegation under subregulation (1) shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.

Notes to the Defence (Prohibited Wharves and Buildings) Regulations 1950

Note 1

The Defence (Prohibited Wharves and Buildings) Regulations 1950 (in force under the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1950 No. 57 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments