Defence Act 1954

Penalty for sketching, etc., fortifications, etc., and trespassing thereon.

268

268. (1) If any person, without lawful authority, makes or attempts to make any sketch, drawing, photograph, picture, painting, model or note of any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F367 [ 1,000 ] pounds or, at the discretion of the court, imprisonment for any term not exceeding twelve months, and all sketches, drawings, photographs, pictures, paintings, models and notes and all tools and all materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(2) If any person, without lawful authority, enters or approaches any fort, field work, fortifications or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot or any other Government property, occupied or partly occupied by the Defence Forces or any portion thereof, with sketching, drawing, photographing, painting or modelling materials or apparatus in his possession, with the intention of commiting an offence under subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F368 [ 500 ] pounds or, at the discretion of the court, imprisonment for any term not exceeding six months, and all tools and materials or apparatus for sketching, drawing, photographing, painting or modelling found in his possession shall be forfeited and may be destroyed, sold or otherwise disposed of as a Minister of State directs.

(3) If any person trespasses on any fort, battery, field work, fortification or any military work of defence, aerodrome, barracks, post, magazine, munition factory, stores depot, vessel or any other Government property occupied or partly occupied by the Defence Forces or any portion thereof or any land reserved for or forming part thereof, whether any erection, fort, fortification or work of any kind is thereon or not, or any building or land reserved or set apart or used in connection with the administration, accommodation or training of any part of the Defence Forces, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding F369 [ 250 ] pounds, or at the discretion of the court, imprisonment for any term not exceeding three months.

(4) Any member of the Defence Forces or of the Garda Síochána may without warrant arrest any person who he has reasonable grounds to believe has committed an offence under this section and bring him before a Justice of the District Court to be dealt with according to law.

(5) Any moneys arising on the sale or disposal of any articles forfeited under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Annotations:

Amendments:

F367

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 25, commenced on enactment, subject to transitional provision in s. 16.

F368

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 26, commenced on enactment, subject to transitional provision in s. 16.

F369

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 27, commenced on enactment, subject to transitional provision in s. 16.

Modifications (not altering text):

C62

Land or premises referred to in section exempted from application of European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (15.02.2006) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006), reg. 4(2).

Application.

4. ...

(2) These Regulations shall not apply to—

(a) any property occupied by the Defence Forces and any land or premises referred to in section 268(1) of the Defence Act 1954 (No. 7 of 1954);

...

Editorial Notes:

E106

Previous affecting provision: land or premises referred to in section exempted from application of European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (21.12.2000) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), reg. 4(2); revoked (15.02.2006) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006), reg. 7(1).

E107

Previous affecting provision: land or premises referred to in section exempted from application of European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (22.08.1986) by European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (S.I. No. 292 of 1986), reg. 7(b); revoked (21.12.2000) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), reg. 7(1).