Federal Register of Legislation - Australian Government

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Act No. 47 of 1947 as made
An Act to provide for the protection of Approved Defence Projects, and for other purposes.
Administered by: Defence
Date of Assent 12 Jun 1947
Date of repeal 17 Oct 2014
Repealed by Omnibus Repeal Day (Autumn 2014) Act 2014

APPROVED DEFENCE PROJECTS PROTECTION.

 

No. 47 of 1947.

An Act to provide for the protection of Approved Defence Projects, and for other purposes.

[Assented to 12th June, 1947.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.   This Act may be cited as the Approved Defence Projects Protection Act 1947.

Commencement.

2.   This Act shall come into operation on the day on which it receives the Royal Assent.


 

Definitions.

3.    In this Act, unless the contrary intention appears—

“approved defence project” means any work or undertaking for the testing of long range weapons which is approved by the Minister of State for Defence by notice in the Gazette as an immediate defence project and includes any other work or undertaking, being carried out or to be carried out either within or outside Australia for the defence of Australia or any Territory of the Commonwealth, which is so approved as an immediate defence project;

“Territory of the Commonwealth” includes a Territory administered as a trust territory by Australia in pursuance of Chapter XII. of the Charter of the United Nations.

Prevention, &c., of carrying out of defence projects.

4.—(1.)   Any person who—

(a) without reasonable cause or excuse—

(i) by boycott or threat of boycott of any person, property, work or undertaking prevents, hinders or obstructs, or endeavours to prevent, hinder or obstruct, the carrying out of an approved defence project;

(ii) publishes any declaration of a boycott or threat of a boycott by means of which the carrying out of an approved defence project is prevented, hindered or obstructed or is sought to be prevented, hindered or obstructed; or

(iii) by speech or writing, advocates or encourages the prevention, hindrance or obstruction of the carrying out of an approved defence project; or

(b) by violence or threat of violence to person or property or by other unlawful means, prevents, hinders or obstructs, or endeavours to prevent, hinder or obstruct, the carrying out of an approved defence project,

shall be guilty of an offence.

(2.)  An offence against this section may be prosecuted summarily or upon indictment, but an offender shall not be punished more than once in respect of the same offence.

(3.)  The punishment for an offence against this section shall be—

(a) if the offence is prosecuted summarily—a fine of not more than Five hundred pounds or imprisonment for not more that six months; and

(b) if the offence is prosecuted upon indictment—a fine of not more than Five thousand pounds or imprisonment for not more than twelve months, or both.

(4.)  A prosecution for an offence against this section shall not be instituted except by the Attorney-General or with the consent of the Attorney-General or of a person thereto authorized in writing by the Attorney-General.