EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 13
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE
DEFENCE (PUBLIC AREAS) BY-LAWS (AMENDMENT)
Section 116ZD of the Defence Act 1903 (“the Act”) provides that the Minister of State for Defence (“the Minister”) may make by-laws, not inconsistent with the Act, for and in relation to the control of areas of Defence land declared by the Minister to be public areas.
The Defence (Public Areas) By-laws which were made under section 116ZD of the Act control access to those public areas and restrict and prohibit activities which may prove harmful or dangerous to persons or the environment.
Paragraphs (c) and (d) of by-law 12 prohibits a person, except with the necessary consent, from damaging, destroying or removing natural or man-made structures or features, or interfering with, damaging or taking an animal or plant or the nest or dwelling of an animal.
Following a request from the Chairman of the Senate Standing Committee on Regulations and Ordinances the Minister agreed to amend paragraphs (c) and (d) of by-law 12 to include a mental element to ensure that a criminal intention is required for an offence to be committed.
The Statutory Rule makes the necessary amendments by the insertion of the word “wilfully” in paragraphs (c) and (d) of by-law 12.
Commencement
The Statutory Rule comes into operation on the date of gazettal.