Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:60
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 60
Character Range: 71069–72895

60  Requirement to remove property from defence area
 (1) If entry to a defence area is not prohibited at all times, the Chief of the Defence Force or the Secretary may direct that a person is required to ensure that an item of movable property is not present in the area during a period that entry is prohibited.
 (2) To avoid doubt, a direction may identify the person to whom it applies by reference to a class of persons, and the property to which it applies by reference to a class of property.
Note: For example, a direction may require owners of vehicles, vessels and aircraft to ensure these items are not present.
 (3) A direction may apply to a particular period during which entry is prohibited, or to all such periods.
 (4) The Chief of the Defence Force or the Secretary must cause such notice to be given of the direction as is reasonably required, having regard to:
 (a) the persons to whom the requirement applies; and
 (b) the kind of property to which the requirement applies; and
 (c) the period during which the requirement applies; and
 (d) the forms of communication available for notifying the persons affected.
 (5) A person commits an offence if:
 (a) a direction under this section requires the person to ensure an item of movable property is not present in a defence area during a period; and
 (b) the item is present in the area during that period.
Penalty: 20 penalty units.
 (6) Subsection (5) does not apply if the person has permission from one of the following for the item of property to be in the defence area during that period:
 (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 during that period.
Note: See section 62 for requirements concerning permission.