Regulatory Powers (Standardisation Reform) Act 2017 (124 of 2017)

Schedule 5   Amendment of the Defence Act 1903

Part 2   Application and saving provision

5   Application and saving provision - infringement notices

(1) Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that Part applies under section 72TO of the Defence Act 1903, applies in relation to alleged contraventions of subsection 72TG(1) of the Defence Act 1903 occurring on or after the commencement of this Schedule.

(2) Part 6 of the Woomera Prohibited Area Rule 2014, as in force immediately before the commencement of this Schedule, applies in relation to alleged contraventions of subsection 72TG(1) of the Defence Act 1903 occurring before the commencement of this Schedule.

(3) If, immediately before the repeal of subsections 72TP(4) and (5) of the Defence Act 1903 by item 4 of this Schedule, a person was an authorised person for the purposes of Part 6 of the Woomera Prohibited Area Rule 2014, on and after the commencement of that item, the person is taken to have been appointed as an infringement officer by the Secretary under subsection 72TO(2) of the Defence Act 1903.

(4) Subitem (3) does not prevent the Secretary from:

(a) rescinding the appointment of a person who was an authorised person immediately before the repeal of subsections 72TP(4) and (5); or

(b) appointing that or another person as an infringement officer under subsection 72TO(2) of the Defence Act 1903.

(5) Nothing in this Schedule affects the application of Part 7 of the Woomera Prohibited Area Rule 2014 to contraventions of subsection 72TG(1) of the Defence Act 1903, whether occurring before, on or after the commencement of this Schedule.