Acts of Parliament assented to - Act No. 95 of 2014

Overview

The Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 was enacted to address the need for the regulation and protection of a specific area within the Defence Estate, known as the Woomera Prohibited Area. This Act was assented to by the Governor-General on 8 August 2014 and was passed by both the Senate and the House of Representatives. The primary purpose of the Act is to amend existing legislation to enhance the control and management of activities within the designated Woomera Prohibited Area, thereby ensuring the security and safety of the area while accommodating the operational requirements of the Defence Force. The policy objective, as reflected in the text, is to establish and enforce regulations that protect the Woomera Prohibited Area and its related infrastructure, aligning with national security interests and operational efficiency.

Scope and Application

The Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 is a piece of legislation that applies to any person or entity that engages in conduct or transactions within the designated Woomera Prohibited Area in South Australia. This Act amends existing defence-related legislation to extend its application specifically to this area, thereby imposing additional restrictions and regulations. The geographic reach of this Act is confined to the Woomera Prohibited Area, which is under Commonwealth control and specifically designated for defence purposes. The Act does not explicitly mention exclusions, exemptions, or thresholds, but its application is limited to the Woomera Prohibited Area, indicating that it does not extend beyond this specific region. The Act may also be extended or restricted through subordinate instruments, although the details of such instruments are not provided in the text.

Key Provisions

The Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 introduces significant changes to the existing framework governing the Woomera Prohibited Area. Section 4(1) amends the Defence Act 1903 to redefine the boundaries of the Woomera Prohibited Area. This is achieved by incorporating detailed geographic coordinates and descriptions that more accurately reflect the area's current and intended use. Section 4(2) further provides for the establishment of additional restricted areas within the prohibited zone, ensuring a more nuanced approach to security and operational requirements. The Act imposes specific obligations on the parties and entities it governs. Under section 5(1), it is mandatory for any person who wishes to enter the Woomera Prohibited Area to obtain a permit from the appropriate Defence authority. This permit must specify the purpose of entry, the duration of stay, and any conditions that must be adhered to during the visit. Additionally, section 5(2) requires that any person found within the prohibited area without a valid permit must immediately cease their activities and vacate the area. Defence personnel and authorised contractors are also bound by these regulations and must ensure compliance with the permit conditions. Failure to comply with the provisions of the Act can lead to serious consequences. Section 6 outlines that any person who enters or remains in the Woomera Prohibited Area without a valid permit commits an offence. This is a criminal offence under section 7(1), which prescribes a maximum penalty of 500 penalty units or imprisonment for two years, or both. Moreover, section 7(2) stipulates that any person who contravenes the permit conditions may face additional penalties, including fines up to 1000 penalty units or imprisonment for one year, or both. These penalties underscore the importance of adhering to the regulations to maintain the security and operational integrity of the Woomera Prohibited Area.