CTHIn ForceLegislation
Defence Regulation 2016
59Prohibition of entry into defence area
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#### 59 Prohibition of entry into defence area
(1) If entry into a defence area is to be prohibited during particular periods, the Chief of the Defence Force or the Secretary may determine a period when entry is prohibited.
> Note: For example, entry may be prohibited while a defence operation or practice takes place.
(2) The Chief of the Defence Force or the Secretary must cause such notice to be given of a prohibition of entry into the area as is reasonably required, having regard to:
(a) whether entry is prohibited at all times; and
(b) the need to protect persons and property that might be affected by activities in the defence area; and
(c) the nature of the activities to be undertaken in the area; and
(d) the equipment to be used in those activities, and the risk to persons or property that is likely to arise from that use; and
(e) the forms of communication available for notifying the public.
(3) A person commits an offence if:
(a) the person is in a defence area; and
(b) at the time the person is in the area, entry into the area is prohibited.
Penalty: 20 penalty units.
(4) Subsection (3) does not apply if the person has permission from one of the following to be in the defence area at that time:
(a) a person authorised by the Chief of the Defence Force or the Secretary to grant permission;
(b) an officer participating in an activity being undertaken in the defence area at that time.
> Note: See section 62 for requirements concerning permission.