{"id":"F2018L00349","name":"Defence (Public Areas) By-laws 2018","slug":"defence-public-areas-by-laws-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439559,"registerId":"F2018L00349-fast-fetch-1775955540518","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence (Public Areas) By-laws 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDefence (Public Areas) By‑laws 2018\n\nI, Darren Chester, Minister for Defence Personnel, make the following by‑laws.\n\nDated 16 March 2018\n\nDarren Chester\n\nMinister for Defence Personnel\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Appointment of authorised officers\n\n7 Authorised officers and rangers may issue permits\n\n8 Erecting or placing of signs\n\n9 Concurrent operation of Part 11 of the Defence Regulation 2016\n\nPart 2—Offences\n\n10 Offences relating to vehicles\n\n11 Offences relating to lighting etc. of fires\n\n12 Offence to take animals into public area\n\n13 Offence relating to firearms in public area\n\n14 Offence to enter or stay in public area that is on island\n\n15 Offence to enter into public area if signs prohibit entry\n\n16 Offence to undertake particular activities without permit from authorised officer or ranger\n\n17 Offences that are subject to infringement notices\n\n18 Rangers, Defence Force members and police performing duties do not commit offence\n\nPart 3—Transitional provisions\n\n19 Definitions\n\n20 Authorised officers\n\n21 Approvals to erect or place signs\n\n22 Signs\n\n23 Consents\n\nSchedule 1—Repeals\n\nDefence (Public Areas) By‑laws 1987\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Defence (Public Areas) By‑laws 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 26 March 2018. 26 March 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 116ZD of the Defence Act 1903.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Chief of the Defence Force;\n\n(b) Defence Force.\n\n  In this instrument:\n\nAct means the Defence Act 1903.\n\nauthorised officer means a member of the Defence Force, or an APS employee in the Department, appointed by the Chief of the Defence Force under section 6.\n\ncamping area means an area at or near each entrance to which one or more signs have been erected or placed with the approval of an authorised officer under section 8 designating that area as a camping area.\n\nparking area means an area at or near each entrance to which one or more signs have been erected or placed with the approval of an authorised officer under section 8 designating that area as a parking area.\n\npublic area has the meaning given by subsection 116P(1) of the Act.\n\nranger has the meaning given by subsection 116P(1) of the Act.\n\n6  Appointment of authorised officers\n\n (1) The Chief of the Defence Force may, in writing, appoint a member of the Defence Force or an APS employee in the Department to be an authorised officer for the purposes of this instrument.\n\n (2) The Chief of the Defence Force must not appoint a member of the Defence Force or an APS employee in the Department under subsection (1) unless the Chief of the Defence Force is satisfied that the member or employee has suitable qualifications and experience to exercise the powers of an authorised officer under this instrument.\n\n7  Authorised officers and rangers may issue permits\n\n (1) An authorised officer may issue written permits for the purposes of this instrument.\n\n (2) A ranger may issue written permits for the purposes of this instrument.\n\n8  Erecting or placing of signs\n\n  An authorised officer may, by instrument in writing, approve the erecting or placing of signs at or near an entrance to a public area or a part of a public area for the purpose of:\n\n (a) conveying:\n\n (i) directions to be followed by; or\n\n (ii) warnings for the guidance of; or\n\n (iii) requirements to be observed by;\n\n  persons using a public area; or\n\n (b) designating part of a public area as a parking area; or\n\n (c) designating part of a public area, other than a public area that is on an island, as a camping area.\n\n9  Concurrent operation of Part 11 of the Defence Regulation 2016\n\n  To avoid doubt, this instrument does not exclude or limit the operation of Part 11 of the Defence Regulation 2016.\n\nNote: Part 11 of the Defence Regulation 2016 regulates the use of areas declared to be defence areas for use for defence purposes.\n\nPart 2—Offences\n\n \n\n10  Offences relating to vehicles\n\n (1) A person commits an offence of strict liability if the person:\n\n (a) brings a vehicle into, or uses a vehicle in, a public area that is on an island; or\n\n (b) uses a vehicle in a public area that is not on an island, otherwise than on a road or in a parking area or camping area.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3 of the Criminal Code).\n\n11  Offences relating to lighting etc. of fires\n\n (1) A person commits an offence of strict liability if, in a public area:\n\n (a) the person lights, maintains or uses a fire; and\n\n (b) the fire is not in:\n\n (i) a portable barbecue or portable stove that uses liquefied petroleum gas; or\n\n (ii) a fireplace made available by the Commonwealth for use by persons in the public area.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3 of the Criminal Code).\n\n12  Offence to take animals into public area\n\n (1) A person commits an offence of strict liability if the person:\n\n (a) takes an animal into a public area; or\n\n (b) permits an animal that is not wildlife to enter a public area.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply to the taking of an animal into a public area if:\n\n (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\n\n (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.\n\n (3) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see section 13.3 of the Criminal Code).\n\n13  Offence relating to firearms in public area\n\n (1) A person commits an offence of strict liability if the person possesses or uses a firearm in a public area.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3 of the Criminal Code).\n\n14  Offence to enter or stay in public area that is on island\n\n (1) A person commits an offence of strict liability if the person, between sunset and sunrise, enters or stays in a public area that is on an island.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3 of the Criminal Code).\n\n15  Offence to enter into public area if signs prohibit entry\n\n (1) An authorised officer may arrange for signs to be erected or placed prohibiting entry into a public area if the authorised officer is reasonably satisfied that it is necessary to do so having regard to:\n\n (a) the need to protect persons and property that might be affected by activities in the public area; and\n\n (b) the nature of the activities to be undertaken in the area; and\n\n (c) the equipment to be used in those activities, and the risk to persons or property that is likely to arise from that use.\n\n (2) A person commits an offence of strict liability if:\n\n (a) the person is in a public area; and\n\n (b) at the time the person is in the area, entry into the area is prohibited by a sign erected or placed in accordance with subsection (1).\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (3) Subsection (2) does not apply if the person has a written permit from an authorised officer for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (3) (see section 13.3 of the Criminal Code).\n\n16  Offence to undertake particular activities without permit from authorised officer or ranger\n\n (1) A person commits an offence of strict liability if the person does any of the following in a public area:\n\n (a) leaves any rubbish or litter in a place that is not a receptacle made available by the Commonwealth for use for that purpose by persons in the public area;\n\n (b) parks a vehicle in an area that is not a parking area;\n\n (c) camps in an area that is not a camping area;\n\n (d) contravenes a direction, warning or requirement on a sign erected or placed with the approval of an authorised officer under section 8;\n\n (e) removes or interferes with a sign:\n\n (i) erected or placed with the approval of an authorised officer under section 8; or\n\n (ii) erected or placed in accordance with subsection 15(1);\n\n (f) erects or places a sign whose erection or placement is not:\n\n (i) approved by an authorised officer under section 8; or\n\n (ii) arranged by an authorised officer under subsection 15(1);\n\n (g) erects a building, booth, stall, post or other structure;\n\n (h) supplies goods or services;\n\n (i) engages in conduct that damages, destroys or removes a natural or artificial structure or feature;\n\n (j) takes, or engages in conduct that damages, injures or destroys an animal or plant or the nest or dwelling of an animal.\n\nNote: For strict liability, see section 6.1 of the Criminal Code.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a written permit from an authorised officer or a ranger for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in subsection (2) (see section 13.3 of the Criminal Code).\n\n17  Offences that are subject to infringement notices\n\n  For the purposes of subsection 116ZCA(1) of the Act, the following strict liability offences against this instrument are specified:\n\n (a) subsection 10(1);\n\n (b) subsection 11(1);\n\n (c) subsection 12(1);\n\n (d) subsection 13(1);\n\n (e) subsection 14(1);\n\n (f) subsection 15(2);\n\n (g) subsection 16(1).\n\n18  Rangers, Defence Force members and police performing duties do not commit offence\n\n (1) A person who is a ranger, or a member of:\n\n (a) the Defence Force; or\n\n (b) the Australian Federal Police; or\n\n (c) the police force of a State or Territory;\n\ndoes not commit an offence against this instrument if the act that would otherwise give rise to the offence occurs in the performance of his or her duties as a ranger or member.\n\nNote: A defendant bears an evidential burden in relation to the matters in subsection (1) (see section 13.3 of the Criminal Code).\n\n (2) A reference in subsection (1) to a member of the Australian Federal Police includes a reference to a special member of the Australian Federal Police.\n\nPart 3—Transitional provisions\n\n \n\n19  Definitions\n\n  In this Part:\n\nold instrument means the Defence (Public Areas) By‑laws 1987, as in force immediately before the commencement of this section.\n\n20  Authorised officers\n\n  A designation of a person as a commanding officer:\n\n (a) under by‑law 3 of the old instrument; and\n\n (b) in force immediately before the commencement of this section;\n\nhas effect, from that commencement, as if it were an appointment of the person as an authorised officer under section 6 of this instrument.\n\n21  Approvals to erect or place signs\n\n  An approval:\n\n (a) given under by‑law 4 of the old instrument; and\n\n (b) in force immediately before the commencement of this section;\n\nhas effect, from that commencement, as if it were an approval given under section 8 of this instrument.\n\n22  Signs\n\n  A sign:\n\n (a) erected or placed in accordance with the old instrument; and\n\n (b) that remains so erected or so placed immediately before the commencement of this section;\n\nis, from that commencement, taken to have been erected or placed in accordance with this instrument.\n\n23  Consents\n\n  A consent:\n\n (a) issued by a commanding officer or a ranger under the old instrument; and\n\n (b) in force immediately before the commencement of this section;\n\nhas effect, from that commencement, as if it were a permit issued by an authorised officer or a ranger, as the case requires, under this instrument.\n\nSchedule 1—Repeals\n\n \n\nDefence (Public Areas) By‑laws 1987\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This 2018 instrument repeals and replaces the Defence (Public Areas) By‑laws 1987 (Schedule 1) but explicitly preserves prior appointments, approvals, signs and consents under the old instrument (Part 3, ss20–23). The structure and subject matter (control of access, activities, permits and signage on defence public areas) remain consistent with the earlier instrument. The 2018 by‑laws modernise language, clarify appointment and permit powers (ss6–8), and set out the strict‑liability offences and infringement notice list more explicitly, but they do not materially broaden the regulatory scope beyond the original purpose of regulating public use of defence areas."},"complexity_factors":["Single instrument of modest length (23 substantive sections plus one Schedule)","Reliance on several external definitions: references to the Defence Act (s116P, s116ZD, s116ZCA) and Criminal Code (ss6.1 and 13.3)","Seven grouped strict‑liability offence provisions in Part 2 (ss10–16)","Uniform penalty level (10 penalty units) but multiple contexts where permit exceptions apply (repeated evidential burden for defendants)","Permit regime delegated to authorised officers and rangers (ss6–8) with significant administrative discretion","Cross‑reference to Part 11 of the Defence Regulation 2016 (s9) — dual regulatory overlay","Transitional provisions carrying over designations, approvals and consents from the 1987 instrument (Part 3, Schedule 1)"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- It establishes rules (by‑laws) that apply to \"public areas\" that are part of Commonwealth defence land. The legal power for the instrument is section 116ZD of the Defence Act 1903 (see s3).\n\n- Who decides: the Chief of the Defence Force can appoint \"authorised officers\" (Defence members or APS employees) who may exercise the powers in the by‑laws (s6). Rangers (as defined in the Defence Act) may also act under these by‑laws (s7).\n\n- Signs and designated areas: authorised officers may approve signage at entrances to public areas to convey directions, warnings or requirements, and may designate parts of public areas as parking areas or (except for islands) camping areas (s8). Authorised officers may also arrange for signs to prohibit entry to an area when necessary for safety or protection of property (s15(1)). Existing signs, approvals and consents under the old 1987 by‑laws continue in force (Part 3, ss21–23).\n\n- Permits: authorised officers and rangers can issue written permits that allow otherwise prohibited activities (s7, s10(2), s11(2), s12(3), s13(2), s14(2), s16(2)).\n\n- Prohibited conduct and penalties: the instrument creates a set of strict‑liability offences (meaning an offender does not need to have intended the breach) each carrying a penalty of 10 penalty units. The main prohibited acts include: bringing or using vehicles on island public areas or off‑road outside designated parking/camping areas (s10); lighting or using fires except in portable LPG barbecues/stoves or Commonwealth fireplaces (s11); taking animals into public areas (with an exemption for properly trained assistance animals and persons with relevant disabilities) (s12); possessing or using firearms (s13); entering or staying in island public areas at night (s14); breaching directions on approved signs, littering, unauthorised parking, camping, erecting structures, supplying goods or services, interfering with signs, and damaging flora/fauna or their nests/dwellings (s16). The instrument lists the strict‑liability offences that may be dealt with by infringement notice (on the basis of s116ZCA of the Defence Act) (s17).\n\n- Operational exclusions: rangers, Defence Force members and police do not commit offences under the by‑laws when acting in the performance of their duties (s18).\n\n- Repeal and transition: the Defence (Public Areas) By‑laws 1987 are repealed and replaced. Existing appointments, approvals, signs and consents under the 1987 instrument are carried over (Schedule 1; Part 3, ss19–23).\n\n**Who is affected**\n\n- Members of the public using Commonwealth defence public areas (including visitors, campers, drivers, fishers, and those bringing animals) are directly regulated by these by‑laws (offences and permit regime in Part 2).\n\n- Defence personnel, APS employees, and rangers are empowered to administer and enforce the rules (appointment and permit powers in s6–8). Police forces remain able to act without committing offences when performing duties (s18).\n\n- Businesses or individuals who supply goods or services on defence public areas must hold permits to do so (s16(1)(h)).\n\n**Why it matters**\n\n- It sets a clear, enforceable rule set for conduct in Commonwealth defence public areas: what is allowed, what requires a permit, and what attracts an offence and penalty. The use of strict liability for many offences reduces the evidentiary burden on prosecutors (Criminal Code s6.1 is applied by note to each offence), while the permit system centralises discretion with authorised officers and rangers.\n\n**Official stated purpose (as expressed in the instrument)**\n\n- The instrument replaces and modernises the 1987 by‑laws and provides a statutory basis for controlling access, safety, protection of property, and use of Commonwealth defence public areas (see the structure of Part 2 and Part 3 which preserves prior approvals/consents).\n\n**Practical effects, costs and incentives (analysis)**\n\n- Who pays: regulated public users pay through potential fines (10 penalty units per breach) or through the cost of obtaining permits where required. Businesses supplying goods or services may need to obtain permits and bear compliance costs (s16(1)(h)).\n\n- Who decides and where discretion sits: authorised officers and rangers hold the gatekeeping power — they appoint signage, designate parking and camping areas, and issue permits (ss6–8). That centralisation concentrates decision authority inside Defence (potentially reducing ad hoc local variation, but increasing administrative discretion and the need for internal processes to manage permit decisions).\n\n- Behavioural effects: the by‑laws encourage users to stay on designated roads/parking/camping areas, avoid lighting open fires (except in specified equipment), not bring animals (except approved assistance animals) or firearms, and not alter signs or erect structures without permits (ss10–16). This will likely shift activities towards permitted areas or create incentives to seek permits.\n\n- Compliance burden: individuals and small businesses face modest compliance tasks — checking signage, staying in designated areas, and obtaining permits for special activities. The instrument does not set a fee schedule for permits, so fee‑related costs (if any) would be determined under separate administrative arrangements or Defence policy.\n\n- Enforcement and administrative risk: the use of strict liability simplifies enforcement but raises the risk of penalising inadvertent conduct unless permits/clear signage are conspicuous and publicly communicated. The instrument allows infringement notices for the specified offences (s17), which is an administrative enforcement pathway.\n\n- Interaction with other laws and instruments: the by‑laws operate alongside Part 11 of the Defence Regulation 2016 (s9) and rely on definitions and criminal law concepts in the Defence Act and the Criminal Code (see notes to various sections). That creates cross‑regulatory dependencies for interpretation and enforcement.\n\n- Effects on private enterprise and competition: the requirement for permits to supply goods or services (s16(1)(h)) gives Defence the capacity to control or limit commercial activity on defence public areas. The by‑laws do not set competition or pricing rules, but control over physical access can affect market opportunities (for example, for tourism or food/beverage vendors near defence beaches/parks).\n\n- Targeting of benefits and costs: the regulatory burden is diffuse across public users but concentrated administrative authority (and any benefits from protection of property or safety) accrues to Defence. There is potential for rent‑like effects if permit decisions favour particular suppliers, but the instrument itself does not prescribe preferential allocation.\n\n- Implementation risks and opportunity costs: effective enforcement requires clear signage, a practical permit process, and resourcing of authorised officers/rangers. Without that, strict liability offences can impose unexpected penalties on the public; with it, Defence can maintain safety and protect assets but must divert administrative resources.\n\n**Key sections to review if you need to act**\n\n- Appointment and qualifications of authorised officers: s6\n- Permit powers: s7\n- Signage and designation of parking/camping areas: s8 and s15\n- List of offences and penalties: ss10–16 (strict liability, 10 penalty units each)\n- Infringement notice list: s17\n- Exemption for personnel acting in duties: s18\n- Transitional carry‑over from 1987 by‑laws: Part 3 (ss19–23) and Schedule 1\n\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1987 by-laws with modernised language and structure. The scope remains limited to regulating public conduct in Defence public areas — no expansion into new regulatory domains."},"complexity_factors":["Short instrument: 23 sections plus a single-item repeal schedule","Only 7 defined terms in section 5 (plus 2 terms defined by reference to the parent Act)","Simple structure: preliminary provisions, offences, transitional provisions, repeals","Repetitive offence pattern: most offences follow identical structure (strict liability + permit exception + evidential burden note)","No nested exceptions or complex conditional logic — exceptions are straightforward permit-based exemptions","Single cross-reference to Defence Regulation 2016 (section 9) and Criminal Code (strict liability/evidential burden notes)","Transitional provisions are mechanical conversions of old appointments/approvals to new framework"],"plain_english_summary":"These by-laws set rules for public use of Defence-owned open areas (beaches, parks, training land): they restrict vehicle access, open fires, pets (except assistance animals), firearms, overnight island stays, and require permits for camping, selling, erecting structures, or damaging flora/fauna. They bind visitors, Defence staff, rangers and authorised officers and aim to protect safety, the environment and Defence activities. Most breaches are strict‑liability offences carrying about 10 penalty units."}},"importantCases":[],"_links":{"self":"/api/acts/defence-public-areas-by-laws-2018","history":"/api/acts/defence-public-areas-by-laws-2018/history","analysis":"/api/acts/defence-public-areas-by-laws-2018/analysis","conflicts":"/api/acts/defence-public-areas-by-laws-2018/conflicts","importantCases":"/api/acts/defence-public-areas-by-laws-2018/important-cases","documents":"/api/acts/defence-public-areas-by-laws-2018/documents"}}