Defence (Public Areas) By-laws 1987

Defence (Public Areas) By‑Laws 1987

Statutory Rules 1987 No. 238 as amended

made under section 116ZD of the

Defence Act 1903

This compilation was prepared on 4 October 2006
taking into account amendments up to Defence (Public Areas) Amendment By-Laws 2006 (No. 1)

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

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

Contents

 1 Name of By‑laws [see Note 1]

 2 Interpretation 

 3 Designation of commanding officer 

 4 Erecting or placing of signs 

 5 Offences not committed in certain circumstances 

 6 Offences relating to vehicles 

 7 Offences relating to lighting etc of fires

 8 Offence to take animals into public area

 9 Offence relating to firearms in public area

 10 Offence to enter or stay on island

 11 Additional activities prohibited without consent of commanding officer or ranger

 12 Additional activities prohibited without consent of commanding officer

Notes   

1 Name of By‑laws [see Note 1]

  These By‑laws are the Defence (Public Areas) By‑laws 1987.

2 Interpretation

  In these by‑laws, unless the contrary intention appears:

camping area means an area at or near the entrances to which a sign or signs has or have been erected or placed with the approval of a commanding officer under by‑law 4 for the purpose of designating that area as a camping area.

commanding officer means, in relation to a naval, military or air force establishment that is, or includes, a public area:

 (a) where there is an officer in command of that establishment who is stationed on the establishment — that officer; or

 (b) in any other case — a person designated by a service chief under by‑law 3.

parking area means an area at or near the entrances to which a sign or signs has or have been erected or placed with the approval of a commanding officer under by‑law 4 for the purpose of designating that area as a parking area.

public area means a public area declared under section 116Q of the Act.

ranger means:

 (a) a person appointed under section 116S of the Act; and

 (b) a person referred to in section 116T of the Act.

the Act means the Defence Act 1903.

3 Designation of commanding officer

  Where, in relation to a naval, military or air force establishment that is, or includes, a public area, there is no officer in command of that establishment who is stationed on the establishment, the appropriate service chief shall, by instrument in writing, designate a person as the commanding officer of that establishment for the purposes of these by‑laws.

4 Erecting or placing of signs

  A commanding officer may, by instrument in writing, approve the erecting or placing of signs at or near the entrances to a public area, a part of a public area, or a part of a naval, military or air force establishment, as the case requires, for the purpose of:

 (a) conveying directions to be followed by, warnings for the guidance of, or requirements to be observed by, persons using a public area;

 (b) designating part of a public area as a parking area; or

 (c) designating part of a public area, other than a public area that is or forms part of an island, as a camping area.

5 Offences not committed in certain circumstances

  A person who is a ranger or a member of:

 (a) the Defence Force;

 (b) the Australian Federal Police; or

 (c) the police force of a State or Territory;

does not commit an offence under these by‑laws if the act or failure to act that would otherwise give rise to the offence occurs while the ranger or member is performing his or her duties.

6 Offences relating to vehicles

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

 (a) in the case of a public area that is, or forms part of, an island — brings a vehicle into, or uses a vehicle in, the public area; or

 (b) in the case of any other public area — uses a vehicle in the public area, and not on a road or in a parking area or camping area.

Penalty:   5 penalty units.

 (2) An offence under this by‑law is an offence of strict liability.

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

 (3) It is a defence if the person has the written consent of the commanding officer or a ranger.

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

7 Offences relating to lighting etc of fires

 (1) A person is guilty of an offence if, in a public area:

 (a) the person lights, maintains or uses a fire; and

 (b) the fire is not in:

 (i) a portable barbecue or portable stove that uses liquefied petroleum gas; or

 (ii) a fireplace made available by the Commonwealth for use by persons in the public area.

Penalty:   5 penalty units.

 (2) An offence under this by‑law is an offence of strict liability.

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

 (3) It is a defence if the fire is lit, maintained or used in accordance with a written consent given by the commanding officer or a ranger.

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

 (4) It is a defence if the fire was reasonably necessary in circumstances that constituted an emergency.

Note   A defendant bears an evidential burden in relation to the matter in sub‑by‑law (4) (see section 13.3 of the Criminal Code).

8 Offence to take animals into public area

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

 (a) takes an animal into a public area; or

 (b) permits an animal that is not wildlife to enter a public area.

Penalty:   5 penalty units.

 (2) This by‑law does not apply to the taking of an animal into a public area if:

 (a) the animal is a guide dog or other animal trained to assist a person to alleviate the effect of a visual, hearing or other disability; and

 (b) the person taking the animal into the public area is a person who has a disability of the kind the animal is trained to alleviate.

 (3) It is a defence if the person had the written consent of the commanding officer or a ranger for the relevant conduct.

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

 (4) In a prosecution for an offence against this by‑law, evidence that a person had an animal in his or her possession in a public area is evidence that the person intentionally took the animal into, or intentionally permitted the animal to enter, the public area.

9 Offence relating to firearms in public area

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

 (a) the person is in a public area; and

 (b) the person uses or has in his or her possession a firearm.

Penalty:   5 penalty units.

 (2) An offence under this by‑law is an offence of strict liability.

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

 (3) It is a defence if the use or possession is in accordance with a written consent given by the commanding officer or a ranger.

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

10 Offence to enter or stay on island

 (1) A person is guilty of an offence if the person, between sunset and sunrise, enters or stays in a public area that is, or forms part of, an island.

Penalty:   5 penalty units.

 (2) It is a defence if the entry or stay is in accordance with a written consent given by the commanding officer or a ranger.

Note   A defendant bears an evidential burden in relation to the matter in sub‑by‑law (2) (see section 13.3 of the Criminal Code).

11 Additional activities prohibited without consent of commanding officer or ranger

 (1) A person is guilty of an offence if, in a public area, the person does any of the following:

 (a) leaves any rubbish or litter in a place that is not a receptacle made available by the Commonwealth for use by persons in the public area;

 (b) parks a vehicle in a place that is not a parking area;

 (c) camps in a place that is not a camping area;

 (d) contravenes a direction, warning or requirement on a sign erected or placed with the approval of a commanding officer under by‑law 4;

 (e) removes or interferes with a sign erected or placed with the approval of a commanding officer under by‑law 4.

Penalty:   5 penalty units.

 (2) In paragraphs (1) (d) and (e) strict liability applies to the physical element that the sign was erected or placed with the approval of a commanding officer under by‑law 4.

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

 (3) It is a defence if the person’s conduct is in accordance with a written consent given by the commanding officer or a ranger.

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

12 Additional activities prohibited without consent of commanding officer

 (1) A person is guilty of an offence if, in a public area, the person does any of the following:

 (a) erects or places a sign that is not approved by a commanding officer under by‑law 4, or erects a building, booth, stall, post or other structure;

 (b) supplies goods or services;

 (c) engages in conduct that damages, destroys or removes a natural or artificial structure or feature;

 (d) takes, or engages in conduct that damages, injures or destroys an animal or plant or the nest or dwelling of an animal.

Penalty:   5 penalty units.

 (2) It is a defence if the person’s conduct is in accordance with a written consent given by the commanding officer.

Note   A defendant bears an evidential burden in relation to the matter in sub‑by‑law (2) (see section 13.3 of the Criminal Code).

 (3) Strict liability applies to the physical element in paragraph (1) (a) that the sign is not approved by a commanding officer under by‑law 4.

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

Notes to the Defence (Public Areas) By-Laws 1987

Note 1

The Defence (Public Areas) By-Laws 1987 (in force under section 116ZD of the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1987 No. 238 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Table of Amendments