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DEFENCE ACT 1903 - SECT 72TB

Application of this Part and Part VII of the Defence Force Regulations 1952

  (1)   After the commencement of this Part, Part   VII of the Defence Force Regulations   1952 applies only to the following:

  (a)   an Aboriginal person in the Woomera Prohibited Area exercising native title rights or rights under the Native Title Act 1993 ;

  (b)   an Aboriginal person in the Woomera Prohibited Area:

  (i)   exercising rights under section   47 of the Pastoral Land Management and Conservation Act 1989 (SA); or

  (ii)   exercising rights under the Aboriginal Heritage Act 1988 (SA), or involved in the protection of sites, objects or remains protected under that Act;

  (c)   a traditional owner in the Woomera Prohibited Area for purposes related to the Maralinga Tjarutja lands;

  (d)   a traditional owner in the Woomera Prohibited Area for purposes related to the Anangu Pitjantjatjara Yankunytjatjara lands;

  (e)   a person in the Woomera Prohibited Area who is employed or engaged by, or is acting for, or on behalf of, a person covered by paragraphs   ( a) to (d);

  (f)   a person in the Woomera Prohibited Area who is accompanied by a person covered by paragraphs   ( a) to (e);

  (g)   an Aboriginal person who:

  (i)   has been invited onto the Maralinga Tjarutja lands or Anangu Pitjantjatjara Yankunytjatjara lands; and

  (ii)   is in the Woomera Prohibited Area for purposes related to the invitation;

  (h)   a person in the Woomera Prohibited Area who is acting for, or on behalf of, South Australia;

  (i)   a person in the Woomera Prohibited Area who is accompanied by a person covered by paragraph   ( h);

  (j)   a person who:

  (i)   holds a pastoral lease (whether the person's interest in the lease was acquired before or after the commencement of this Part); and

  (ii)   is in the Woomera Prohibited Area for purposes related to the lease;

  (k)   a person who:

  (i)   is employed or engaged by, or is acting for, or on behalf of, a person who holds a pastoral lease; and

  (ii)   is in the Woomera Prohibited Area for purposes related to the lease;

  (l)   a person in the Woomera Prohibited Area who is accompanied by a person covered by paragraph   ( j) or (k);

  (m)   a person who:

  (i)   is the owner or operator of the Tarcoola to Darwin railway; and

  (ii)   is in the Woomera Prohibited Area for purposes related to the operation of the railway;

  (n)   a person who:

  (i)   is employed or engaged by, or is acting for, or on behalf of, a person who is the owner or operator of the Tarcoola to Darwin railway; and

  (ii)   is in the Woomera Prohibited Area for purposes related to the operation of the railway;

  (o)   a person in the Woomera Prohibited Area who is accompanied by a person covered by paragraph   ( m) or (n);

  (p)   a person who has authority for the purposes of Part   VII of the Defence Force Regulations   1952 to be at a place in the Woomera Prohibited Area and the authority was given before the commencement of this Part.

  (2)   If Part   VII of the Defence Force Regulations   1952 applies to the person, this Part does not apply to the person.

Effect of permit on existing authority

  (3)   Subsections   ( 1) and (2) do not prevent a person from applying for a permit.

  (4)   Authority for the purposes of Part   VII of the Defence Force Regulations   1952 for a person to be at a place in the Woomera Prohibited Area is revoked to the extent that a permit provides (or provided) permission for the person to be at the place.


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