59Prohibition of entry into defence area

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.