Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_19
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 11131–12950

19  Subsections 82(1), (2) and (3)
Repeal the subsections, substitute:

 (1) If:
 (a) a person makes a sketch, drawing, photograph, picture or painting of any defence installation in Australia or of any part of one; and
 (b) the person has no lawful authority to do so;
then:
 (c) the person is guilty of an offence; and
 (d) all sketches, drawings, photographs, pictures, and paintings, and all tools and all materials or apparatus for sketching, drawing, photographing or painting found in his or her possession are forfeited and may be destroyed, sold, or otherwise disposed of, as the Governor‑General directs.

 (1A) The maximum penalty for an offence under subsection (1) is a fine of $200, imprisonment for 6 months, or both.

 (2) If:
 (a) a person enters or approaches any defence installation with sketching, drawing, photographing, or painting materials or apparatus in his or her possession; and
 (b) the person has no lawful authority for that conduct; and
 (c) the person intends to contravene subsection (1);
then:
 (d) the person is guilty of an offence; and
 (e) all tools and all materials or apparatus for sketching, drawing, photographing or painting found in his or her possession are forfeited and may be destroyed, sold, or otherwise disposed of, as the Governor‑General directs.

 (2A) The maximum penalty for an offence under subsection (2) is a fine of $100.

 (3) A person is guilty of an offence if the person trespasses on:
 (a) a defence installation, or on any land reserved for or forming part of one (whether or not any erection, fort, fortification, or work of any kind is on the land); or
 (b) a building or land reserved or set apart for or used in connection with the administration, accommodation, or training of any part of the Defence Force; or
 (c) an aircraft.

Penalty: $40.