Defence (Special Undertakings) Act 1952

No. 19, 1952

Compilation No. 13

Compilation date:                              21 October 2016

Includes amendments up to:            Act No. 61, 2016

Registered:                                         24 October 2016

 

About this compilation

This compilation

This is a compilation of the Defence (Special Undertakings) Act 1952 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

2A......... Purposes of Act.................................................................................. 1

3............ Application.......................................................................................... 2

4............ Interpretation....................................................................................... 2

5............ Application of the Criminal Code....................................................... 2

6............ Special defence undertakings.............................................................. 3

7............ Prohibited areas................................................................................... 3

8............ Minister may declare prohibited areas................................................. 4

8A......... Joint Defence Facility Pine Gap.......................................................... 4

9............ Unlawful entry etc............................................................................... 4

10.......... Officer in charge................................................................................. 5

11.......... Permits................................................................................................ 5

12.......... Compliance with directions of officer in charge.................................. 6

13.......... Sabotage.............................................................................................. 6

14.......... Restricted areas................................................................................... 7

15.......... Orders................................................................................................. 8

16.......... Procedure in emergency...................................................................... 8

17.......... Use of cameras etc.............................................................................. 9

18.......... Sea and air traffic................................................................................ 9

19.......... Suspension etc. of licences and certificates......................................... 9

20.......... Search of persons in or entering prohibited areas................................ 9

21.......... Search and detention of aircraft......................................................... 10

22.......... Power to arrest.................................................................................. 10

23.......... Arrest of suspected persons.............................................................. 10

25.......... Forfeiture of articles etc..................................................................... 11

26.......... No action against Commonwealth..................................................... 11

28.......... Prosecution of offences..................................................................... 12

29.......... Punishment of offences..................................................................... 12

31.......... Hearing in camera etc........................................................................ 13

32.......... Regulations....................................................................................... 13

Endnotes                                                                                                                                    14

Endnote 1—About the endnotes                                                                            14

Endnote 2—Abbreviation key                                                                                16

Endnote 3—Legislation history                                                                             17

Endnote 4—Amendment history                                                                           21

An Act to provide for the Protection of Special Defence Undertakings

 

 

1  Short title

                   This Act may be cited as the Defence (Special Undertakings) Act 1952.

2  Commencement

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

2A  Purposes of Act

                   The purposes of this Act are:

                     (a)  to provide for the protection by the Commonwealth of works and undertakings that are carried out for or in relation to:

                              (i)  the defence of Australia; or

                             (ii)  the defence of Australia and the defence of another country; and

                     (b)  to provide for the protection by the Commonwealth of areas that are reserved for:

                              (i)  the defence of Australia; or

                             (ii)  the defence of Australia and the defence of another country; and

                     (c)  to provide for the protection by the Commonwealth of works, undertakings and areas that require special security measures; and

                     (d)  to provide for the protection by the Commonwealth of works, undertakings and areas in order to enable Australia to fulfil its obligations under treaties, conventions and international agreements relating to defence or security.

3  Application

                   This Act applies both within and without the Commonwealth and to all the Territories.

4  Interpretation

                   In this Act, unless the contrary intention appears:

Australia includes all the Territories.

Commonwealth officer means a person holding office under, or employed by, the Commonwealth and includes:

                     (a)  a person appointed or engaged under the Public Service Act 1999;

                     (b)  a person permanently or temporarily employed or serving in the Public Service of a Territory, or in, or in connection with, the Defence Force, or in the service of an authority or body constituted by or under an Act.

constable includes a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

prohibited area means a place, or an area, that is a prohibited area under section 7, 8 or 8A.

restricted area means an area that is a restricted area under section 14.

special defence undertaking means a work or undertaking that is a special defence undertaking under section 6 or 8A.

5  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6  Special defence undertakings

                   A work or undertaking which:

                     (a)  is being carried out, or is to be carried out, whether within or without Australia, for or in relation to the defence of Australia, or in part for or in relation to the defence of Australia and in part for or in relation to the defence of some other part of the Queen’s dominions or of some other country associated with Australia in resisting or preparing to resist international aggression; and

                     (b)  is declared by the Minister, by notice in the Gazette, to be a special defence undertaking;

is a special defence undertaking.

7  Prohibited areas

             (1)  A place (whether or not it belongs to or is used for the purposes of the Queen, the Commonwealth or a State) used or occupied for the purposes of a special defence undertaking is a prohibited area.

             (2)  Subsection (1) does not apply to:

                     (a)  a railway, tramway, roadway, wharf, pier or jetty, or a work or structure which is part of or connected with a means of transport by land, water or air;

                     (b)  the area on which is erected or situated a searchlight, lighthouse, buoy or other navigational aid;

                     (c)  a public building, fire station, aerodrome, air station or runway for aircraft;

                     (d)  a signal, telegraph, telephone, radar or wireless station or office; or

                     (e)  a place used for gas, water or electricity works or other works for purposes of a public character;

unless it is used or occupied exclusively for the purposes of a special defence undertaking.

8  Minister may declare prohibited areas

                   If it is necessary for the purposes of the defence of the Commonwealth so to do, the Minister may, by notice published in the Gazette, declare an area of land or water or an area of land and water (whether or not it belongs to or is used for the purposes of the Queen, the Commonwealth or a State) to be a prohibited area.

8A  Joint Defence Facility Pine Gap

Prohibited area

             (1)  The whole of the area (the JDFPG area) described in Certificate of Title Volume 321 Folio 075 being NT Portion 4130 from Plan LT091/006 is a prohibited area.

Special defence undertaking

             (2)  A work or undertaking that is carried out at the JDFPG area is a special defence undertaking.

9  Unlawful entry etc.

             (1)  A person commits an offence if:

                     (a)  the person is in, enters or flies over an area; and

                     (b)  the area is a prohibited area.

Penalty:  Imprisonment for 7 years.

          (1A)  Subsection (1) does not apply if the person holds a permit under section 11 in respect of the prohibited area.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

          (1B)  If a permit under section 11 has been issued to the master of a ship or the pilot of an aircraft for the purpose of enabling the ship or aircraft to enter, pass through or be over a prohibited area, a person lawfully on board the ship or aircraft does not commit an offence under subsection (1) by reason only of his or her presence on board the ship or aircraft.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  makes a photograph, sketch, plan, model, article, note or other document of, or relating to, an area or anything in an area; or

                             (ii)  obtains, collects, records, uses, has in his or her possession, publishes or communicates to some other person a photograph, sketch, plan, model, article, note or other document or information relating to, or used in, an area, or relating to anything in an area; and

                     (b)  the area is a prohibited area.

Penalty:  Imprisonment for 7 years.

             (3)  Subsection (2) does not apply if the person has lawful authority or excuse for the relevant conduct.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.

10  Officer in charge

                   The Minister may, in writing, appoint a person to be the officer in charge of a prohibited area.

11  Permits

             (1)  The Minister, the officer in charge of a prohibited area, or some other person appointed by the Minister for the purpose, may, in writing, issue a permit authorizing a person to be in, enter or fly over a prohibited area.

             (2)  A permit under this section may be issued subject to such conditions and restrictions as are specified in the permit.

             (3)  A person authorized to issue a permit under this section may suspend a permit issued under this section and may revoke the suspension.

             (4)  A person commits an offence if the person:

                     (a)  holds a permit under this section; and

                     (b)  does not comply with the conditions and restrictions specified in the permit.

Penalty:  Imprisonment for 7 years.

             (5)  A person commits an offence if:

                     (a)  the person holds a permit under this section; and

                     (b)  the permit is revoked or suspended; and

                     (c)  the person does not immediately deliver it to the officer in charge of the prohibited area or to a person specified by the person revoking or suspending the permit.

Penalty for contravention of this subsection:        Imprisonment for 2 years.

12  Compliance with directions of officer in charge

                   A person commits an offence if the person:

                     (a)  holds a permit under section 11; and

                     (b)  enters or is in a prohibited area; and

                     (c)  is given a direction by the officer in charge of the prohibited area for regulating his or her conduct in the prohibited area; and

                     (d)  does not comply with the direction.

Penalty:  Imprisonment for 2 years.

13  Sabotage

             (1)  A person commits an offence if:

                     (a)  the person engages in conduct; and

                     (b)  the conduct results in damage to, the destruction of, obstruction of or interference with any of the things listed in subsection (2); and

                     (c)  the person intends to bring about that result; and

                     (d)  the thing is used or occupied either wholly or in part for the purposes of a special defence undertaking.

Penalty:  Imprisonment for 7 years.

             (2)  The following are the listed things:

                     (a)  a railway, tramway, roadway, wharf, pier or jetty, or a work or structure which is part of or connected with a means of transport by land, water or air;

                     (b)  a searchlight, lighthouse, buoy or other navigational aid;

                     (c)  a public building, fire station, aerodrome, air station or runway for aircraft;

                     (d)  a signal, telegraph, telephone, radar or wireless station or office;

                     (e)  a place used for gas, water or electricity works or other works for purposes of a public character.

14  Restricted areas

             (1)  If it is necessary so to do for the protection of a special defence undertaking, the Minister may, by notice published in the Gazette, declare an area of land or water or an area of land and water to be a restricted area.

             (2)  Where an area is declared to be a restricted area, the Minister may, by order published in the Gazette:

                     (a)  prohibit the flight over that area of persons or aircraft, or of the persons or aircraft included in a class of persons or aircraft specified in the order;

                     (b)  impose conditions and restrictions subject to which flight over that area by persons or aircraft, or by the persons or aircraft included in a class of persons or aircraft specified in the order, is permitted; and

                     (c)  prohibit, or impose conditions in respect of, the possession, carriage and use of cameras and other photographic apparatus and material by persons within, or about to fly over, a restricted area.

             (3)  A person commits an offence if:

                     (a)  an order under this section applies to the person; and

                     (b)  the person contravenes or fails to comply with the order.

Penalty for a contravention of this subsection:     Imprisonment for 2 years.

15  Orders

             (1)  Orders made under section 14 are legislative instruments.

             (4)  An order made under section 14 takes effect on the date on which the order is published in the Gazette or on such later date as is specified in the order.

16  Procedure in emergency

                   The pilot of an aircraft commits an offence if the pilot:

                     (a)  is over a prohibited area or a restricted area; and

                     (b)  knows of that fact; and

                     (c)  does not have lawful authority to be there; and

                     (d)  does not:

                              (i)  immediately cause the aircraft to be flown outside the area; and

                             (ii)  as soon as possible, report the circumstances to the nearest air traffic control centre established under the Air Navigation Regulations; and

                            (iii)  cause the aircraft to land at such place as is designated by the air traffic control centre and, for that purpose, obey any instructions given by the air traffic control centre as to the movement of that aircraft.

Penalty:  Imprisonment for 2 years.

17  Use of cameras etc.

             (1)  A person commits an offence if:

                     (a)  the person is in or is passing over a prohibited area; and

                     (b)  the person has in his or her possession, carries or uses a camera or other photographic apparatus or material.

Penalty:  Imprisonment for 2 years.

             (2)  Subsection (1) does not apply if the person does have the authority of the officer in charge of the prohibited area for the conduct mentioned in paragraph (1)(b).

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

18  Sea and air traffic

                   Where a permit under section 11 has been issued to the master of a ship or the pilot of an aircraft for the purpose of enabling the ship or aircraft to enter, pass through or be over a prohibited area, a person lawfully on board the ship or aircraft does not commit an offence against section 9 by reason only of his or her presence on board the ship or aircraft.

19  Suspension etc. of licences and certificates

                   Where a person is convicted of an offence against this Act, the Secretary of the Department administered by the Minister administering the Air Navigation Act 1920 may suspend or cancel any licence or certificate issued to that person under or by virtue of the Air Navigation Regulations and, upon a licence or certificate being so suspended or cancelled, the same consequences follow as if the suspension or cancellation had been made under or by virtue of those Regulations.

20  Search of persons in or entering prohibited areas

             (1)  A Commonwealth officer acting in the course of his or her duty or employment, or a constable, may, without warrant, detain for the purpose of search, and search, a person in the neighbourhood of, entering, seeking to enter, being within, leaving or seeking to leave a prohibited area, and any bag or other article in the possession of the person.

             (2)  A person conducting a search pursuant to subsection (1) may seize anything which appears to that person to have been made, obtained, collected, recorded, possessed or used in contravention of this Act or which that person has reasonable ground for believing to be evidence of an offence against this Act.

             (3)  A female shall not be searched under this section except by a female.

21  Search and detention of aircraft

                   If it appears to a Commonwealth officer acting in the course of his or her duty or employment, or to a constable, that an aircraft is intended or is likely to be flown in contravention of this Act or of an order under section 14, the officer or constable may enter, search and detain the aircraft and may remove or direct the removal of the aircraft, or any part of it, for the purposes of ensuring its detention or preservation.

22  Power to arrest

                   A person who is found committing an offence against this Act, or is reasonably suspected of having committed, or of having attempted to commit or of being about to commit, such an offence, may be arrested without warrant by a constable or person in the same manner as a person who is found committing a felony may, at common law, be arrested by a constable or person.

23  Arrest of suspected persons

             (1)  A person who is in, or in the neighbourhood of, a prohibited area and is reasonably suspected of having committed, having attempted to commit or of being about to commit an offence against this Act may be apprehended, without warrant, by or under the direction of the officer in charge of the prohibited area, a Commonwealth officer, a constable or a person authorized by the Minister to act under this section and may be removed from, or from the neighbourhood of, the prohibited area and given into the custody of a constable to be dealt with according to law.

             (2)  A person commits an offence if:

                     (a)  the person is in, or in the neighbourhood of, a prohibited area; and

                     (b)  the person is required by the officer in charge of the prohibited area or by a Commonwealth officer or a constable to give his or her name and address to the officer or constable; and

                     (c)  the person does not do so.

Penalty for contravention of this subsection:        Imprisonment for 2 years.

25  Forfeiture of articles etc.

                   A photograph, sketch, plan, model, article, note or other document which is made, obtained, collected, recorded, possessed or otherwise dealt with in contravention of this Act is forfeited to the Commonwealth.

26  No action against Commonwealth

                   No action lies against the Commonwealth, a State, a Commonwealth officer, a constable or any other person acting in accordance with this Act in respect of an arrest, apprehension, detention, search, seizure or act in pursuance of this Act, but, if the Governor‑General is satisfied that an arrest, apprehension, detention, search, seizure or act was made or done without reasonable cause, he or she may award reasonable compensation in respect of it.

28  Prosecution of offences

             (1)  A prosecution under this Act or the regulations shall be instituted only by or with the consent of the Attorney‑General or of a person acting under his or her direction.

             (2)  A person charged with an offence against this Act or the regulations may be arrested, or a warrant for his or her arrest may be issued and executed, and he or she may be remanded in custody or on bail, notwithstanding that the consent of the Attorney‑General or of a person acting under his or her direction has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

             (3)  Nothing in this section prevents the discharge of a person charged if proceedings are not continued within a reasonable time.

29  Punishment of offences

             (1)  An offence against this Act is an indictable offence and, subject to subsections (2) and (3), is punishable on conviction by a penalty not exceeding the penalty provided by this Act in respect of the offence.

             (2)  Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

             (3)  Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, or both.

31  Hearing in camera etc.

             (1)  At any time before or during the hearing of proceedings in respect of an offence against this Act or the regulations, the judge, magistrate or other person presiding or competent to preside over the proceedings may, if satisfied that such a course is expedient in the interests of the defence of the Commonwealth:

                     (a)  order that some or all of the members of the public shall be excluded during the whole or a part of the proceedings;

                     (b)  order that no report of the whole or a specified part of the proceedings shall be published; or

                     (c)  make such other order and give such directions as he or she thinks necessary for ensuring that an affidavit, exhibit, information or other document used in the proceedings does not remain on the file in the court or in the records of the court after the hearing of the proceedings has been completed.

             (2)  A person commits an offence if:

                     (a)  an order is made or a direction is given under this section; and

                     (b)  the person contravenes or fails to comply with the order or direction.

Penalty for contravention of this subsection:        Imprisonment for 5 years.

32  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing penalties for offences against the regulations, but so that no prescribed period of imprisonment shall exceed 6 months and no prescribed pecuniary penalty shall exceed 4 penalty units.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

 

Endnote 3—Legislation history

 

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Defence (Special Undertakings) Act 1952	19, 1952	10 June 1952	10 June 1952
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	s 7: 18 Mar 1971 (see s 2(2) and Gazette 1971, p 2003) Remainder: 1 Dec 1966	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	s 9(1) and 10
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979	19, 1979	28 Mar 1979	Parts II–XVII (s 3–123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: Royal Assent	s 124
Australian Federal Police (Consequential Amendments) Act 1979	155, 1979	28 Nov 1979	19 Oct 1979 (see s. 2(1) and Gazette 1979, No. S206)	s. 2(2)
Australian Federal Police (Consequential Amendments) Act 1980	70, 1980	28 May 1980	28 May 1980	—
Public Service Reform Act 1984	63, 1984	25 June 1984	s. 152(1): 20 July 1984 (see Gazette 1984, No. S276) (a)	—
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	s. 3: 3 July 1985 (b)	—
as amended by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985	193, 1985	16 Dec 1985	s. 3: 3 July 1985 (c)	s. 16
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (item 383): 5 Dec 1999 (see Gazette 1999, No. S584) (d)	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 174, 418, 419): 24 May 2001 (s 2(3))	Sch. 2 (items 418, 419)
Defence Legislation Amendment (Application of Criminal Code) Act 2001	141, 2001	1 Oct 2001	s 4: Royal Assent Schedule 1 (items 98–105): 15 Dec 2001	s 4
as amended by
Defence Legislation Amendment Act 2003	135, 2003	17 Dec 2003	Sch 2 (item 28): 1 Oct 2001 (s 2(1) item 9)	—
Defence Legislation Amendment Act (No. 1) 2005	121, 2005	6 Oct 2005	Sch 5 (item 23): 1 Jan 2005 (s 2(1) item 3)	—
Defence Legislation (Miscellaneous Amendments) Act 2009	18, 2009	26 Mar 2009	Schedule 3: 27 Mar 2009 Schedule 4: Royal Assent	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 6 (item 36) and Schedule 7 (item 52): 19 Apr 2011	—
Omnibus Repeal Day (Autumn 2014) Act 2014	109, 2014	16 Oct 2014	Sch 3 (item 4): 17 Oct 2014 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sep 2015	Sch 1 (item 168): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 134–138): 10 Mar 2016 (s 2(1) item 6)	—
Statute Update Act 2016	61, 2016	23 Sept 2016	Sch 1 (items 224, 225) and Sch 2 (items 24–30): 21 Oct 2016 (s 2(1) item 1)	—

 

(a)             The Defence (Special Undertakings) Act 1952 was amended by subsection 152(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

                   (4)  The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(b)             The Defence (Special Undertakings) Act 1952 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

                   (1)  Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(c)              The Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, paragraph 2(15)(b) of which provides as follows:

                 (15)  The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 made by this Act shall be deemed to have come into operation:

                          (b)   in the case of the other amendments—on the twenty‑eighth day after the day on which that Act received the Royal Assent.

(d)             The Defence (Special Undertakings) Act 1952 was amended by Schedule 1 (item 383) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                   (1)  In this Act, commencing time means the time when the Public Service Act 1999 commences.

                   (2)  Subject to this section, this Act commences at the commencing time.

Endnote 4—Amendment history

Provision affected	How affected
s 2A.....................................	ad No 18, 2009
s 3........................................	am No 216, 1973
s 4........................................	am No 216, 1973; No 155, 1979; No 70, 1980; No 63, 1984; No 65, 1985; No 146, 1999; No 18, 2009
s 5........................................	rep No 216, 1973
	ad No 141, 2001
s 6........................................	am No 18, 2009
s 7........................................	am No 65, 1985; No 18, 2009
s 8........................................	am No 18, 2009
s 8A.....................................	ad No 18, 2009
s 9........................................	am No 65, 1985
	rs No 141, 2001
	am No 4, 2016; No 61, 2016
s 10......................................	am No 18, 2009
s 11......................................	am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016
s 12......................................	am No 65, 1985 (as am by No 193, 1985)
	rs No 141, 2001
	am No 4, 2016; No 61, 2016
s 13......................................	am No 65, 1985
	rs No 141, 2001
	am No 4, 2016; No 61, 2016
s 14......................................	am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016
s 15......................................	am No 65, 1985; No 99, 1988; No 121, 2005; No 126, 2015
s 16......................................	am No 65, 1985
	rs No 141, 2001
	am No 4, 2016; No 61, 2016
s 17......................................	am No 65, 1985
	rs No 141, 2001
	am No 4, 2016; No 61, 2016
s 18......................................	am No 65, 1985; No 18, 2009
s 19......................................	am No 65, 1985; No 5, 2011
s 20......................................	am No 65, 1985; No 18, 2009
s 21......................................	am No 65, 1985; No 18, 2009
s 23......................................	am No 65, 1985; No 141, 2001; No 4, 2016; No 61, 2016
s 24......................................	am No 65, 1985
	rep No 137, 2000
s 26......................................	am No 18, 2009
s 27......................................	am No 65, 1985
	rep No 109, 2014
s 28......................................	am No 18, 2009
s 29......................................	am No 93, 1966
	rs No 65, 1985
	am No 61, 2016
s 30......................................	am No 216, 1973
	rep No 19, 1979
s 31......................................	am No 65, 1985; No 141, 2001; No 18, 2009; No 4, 2016; No 61, 2016
s 32......................................	am No 216, 1973; No 65, 1985; No 61, 2016