Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 82

  (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 commits 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 imprisonment for 6 months or a fine of 2 penalty units, 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 commits 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 1 penalty unit.

  (4)   Any member of the Defence Force, member or special member of the Australian Federal Police or member of the Police Force of a State or Territory, may, without warrant, arrest any person who he or she has reasonable ground to believe has committed an offence against this section, and take the person before a Court of summary jurisdiction to be dealt with according to law.

  (5)   In this section:

"defence installation" means any fort, battery, fieldwork, fortification, aircraft, air force establishment or aircraft material or any naval, military or air force work of defence.