53Offences relating to a defence practice area

#### 53 Offences relating to a defence practice area (1) A person is guilty of an offence if the person is in a defence practice area at a time specified in an instrument under subregulation 51(1) relating to the carrying out in that area of a defence operation or practice. Penalty: 5 penalty units or imprisonment for 3 months, or both. (2) A person is guilty of an offence if the person permits a vehicle, vessel or aircraft to be in a defence practice area at a time specified in an instrument under subregulation 51(1) relating to the carrying out in that area of a defence operation or practice. Penalty: 5 penalty units or imprisonment for 3 months, or both. (3) A person is guilty of an offence if the person engages in conduct that disturbs, or interferes with, the operation of, equipment, the installation of which is authorised under subregulation 49(4). Penalty: 5 penalty units or imprisonment for 3 months, or both. (4) The Chief of the Defence Force, the Secretary or the Service Chief or other officer who authorised a defence operation or practice, or an officer participating in that operation or practice may give permission, in accordance with subregulation (6), for a person: (a) to be in the defence practice area at a time specified in an instrument under subregulation 51(1) relating to the carrying out in that area of a defence operation or practice; or (b) to permit a vehicle, vessel or aircraft to be in the defence practice area at a time specified in an instrument under subregulation 51(1) relating to the carrying out in that area of a defence operation or practice. (5) The Chief of the Defence Force, the Secretary, a Service Chief or an officer participating in a defence operation or practice in relation to which the equipment was installed, may give permission, in accordance with subregulation (6), for a person to engage in conduct that may or will disturb, or interfere with, the operation of equipment the installation of which is authorised under subregulation 49(4). (6) Permission under subregulation (4) or (5): (a) may be given if it is reasonably required for the protection of persons and property in the defence practice area or for the safety or defence of the Commonwealth; and (b) must be in writing; and (c) is effective for the period that is specified in the instrument; and (d) may be subject to conditions specified in the instrument as are reasonably required for the protection of persons and property in the defence practice area, or for the safety or defence of the Commonwealth; and (e) may be subject to conditions in relation to the conduct of persons in a defence practice area or in relation to a vehicle, vessel or aircraft in that area. (7) A person is guilty of an offence if the person engages in conduct that breaches a condition of a permission given to the person under subregulation (4) or (5). Penalty: 5 penalty units or imprisonment for 3 months, or both. (8) A person is guilty of an offence against subregulation (2) or (7) if: (a) a vehicle, vessel or aircraft is in a defence practice area; and (b) the person is: (i) in the case of a vehicle—the driver, owner or hirer of the vehicle; or (ii) in the case of a vessel—the master, owner or charterer of the vessel, or the agent for the vessel; or (iii) in the case of an aircraft—the pilot, owner or charterer of the aircraft, or the agent for the aircraft; and (c) another person is guilty of an offence against the same subregulation (otherwise than because of this subregulation) in connection with the vehicle, vessel or aircraft. (8A) A person is not liable to be punished more than once in respect of the same offence. (9) An offence under subregulation (1), (2), or (7) is an offence of strict liability. (10) It is a defence to a prosecution under subregulation (1) or (2) that the defendant had permission under subregulation (4). (11) It is a defence to a prosecution under subregulation (3) that the defendant had permission under subregulation (5). (12) It is a defence to a prosecution under subregulation (1), (2) or (7) that the defendant had a reasonable excuse. (13) It is a defence to a prosecution under subregulation (2) or (7), because of subregulation (8), that the defendant did not know of the conduct constituting the primary offence.