Woomera Prohibited Area Amendment Rule (No.1) 2021

Administered by Department of Defence

Legislation au F2022L00171 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Defence

Defence Act 1903

Woomera Prohibited Area Amendment Rule (No.1) 2021

 

Authority

 

Subsection 72TP(1) of the Defence Act 1903 provides that the Minister for Defence may, by legislative instrument and with the agreement of the Industry Minister, make Woomera Prohibited Area Rules prescribing matters:

 

  • required or permitted by Part VIB of the Defence Act 1903 to be prescribed by the Rules; or
  •          necessary or convenient to be prescribed for carrying out or giving effect to Part VIB.

 

Section 72T of the Defence Act 1903 defines the term ‘Industry Minister’ to mean the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

 

The Woomera Prohibited Area Rule 2014 (the Rule) was originally made by the Minister for Defence on 25 August 2014 pursuant to subsection 72TP(1) of the Defence Act 1903.

 

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. This instrument is made in accordance with that provision.

 

Purpose and operation of the Amending Instrument

 

The purpose of the Woomera Prohibited Area Amendment Rule (No.1) 2021 (the Amending Instrument) is to permit the Secretary of the Department of Defence to be a person to whom the Minister for Defence may delegate all the Minister’s powers under the Rule other than the power in section 62 to review a decision made under sections 38 or 41.

 

Currently, the Minister for Defence is unable to delegate the Minister’s powers or functions outlined in section 63 of the Rule to the Secretary, notwithstanding that the Minister is able to delegate these to prescribed APS employees in the Department or members of the Australian Defence Force. The Amending Instrument would correct this anomaly, improving Defence’s efficiency in administering the Woomera Prohibited Area, but would not have any substantive effect on any person’s ability to apply for, or be granted, access to the Woomera Prohibited Area.

 

Legislative Instrument

 

The Amending Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

Commencement

 

The Amending Instrument commences on the day after which it is registered on the Federal Register of Legislation.

 

Regulatory Impact Statement

The Office of Best Practice Regulation have advised that no regulatory impact statement was required (OBPR ID 44686).

Consultation

 

The Industry Minister was consulted in the development of the Amending Instrument and provided agreement in accordance with the requirement in section 72TP(1) of the Defence Act 1903.

Details of Amending Instrument

Details of the Amending Instrument are set out at Attachment 1.

Statement of Compatibility with Human Rights -Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

A statement of compatibility with Human Rights is set out at Attachment 2.

 

 


Attachment 1

 

Details of the Woomera Prohibited Area Amendment Rule (No.1) 2021

 

Section 1 – Name

 

This section provides that the name of the Amending Instrument is the Woomera Prohibited Area Amendment Rule (No.1) 2021.

 

Section 2 – Commencement

 

This section provides that the whole of the Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority

 

This section provides that the legislative authority for making the Amending Instrument is subsection 72TP(1) of the Defence Act 1903.

 

Section 4    Schedules

 

Section 4 provides that each instrument that is specified in a Schedule to the Amending Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Schedule 1 amends the Rule

 

Item 1 – Subsection 63(1)

 

Item 1 repeals subsection 63(1) of the Rule and substitutes it with a new subsection which includes the Secretary of the Department of Defence, in addition to previously prescribed APS employees in the Department of Defence, as a person to whom the Minister for Defence may delegate all the Minister’s powers or functions under section 62 of the Rule to review decisions other than a decision made under sections 38 or 41.

 

Item 2 – Subsection 63(2)

 

Item 2 repeals subsection 63(2) of the Rule and substitutes it with a new subsection which includes the Secretary of the Department of Defence, in addition to previously prescribed APS employees in the Department of Defence and members of the Australian Defence Force, as a person to whom the Minister for Defence may delegate all the Minister’s powers or functions under the Rule other than the Minister’s powers or functions under section 62 to review decisions.

 

 

 


Attachment 2

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Woomera Prohibited Area Amendment Rule (No.1) 2021

The Amending Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Amending Instrument

Subsection 72TP(1) of the Defence Act 1903 provides for various matters to be prescribed, or made provision for under the Rule.

 

Section 63 of the Rule provides that the Minister may delegate prescribed powers or functions under the Rule to prescribed APS employees of the Department of Defence or members of the Australian Defence Force. Currently, the Minister is unable to delegate the Minister’s powers or functions under the Rule to the Secretary of the Department of Defence.

 

The Amending Instrument will merely amend the Rule to include the Secretary to be a person to whom the Minister for Defence may delegate all the Minister’s powers or functions other than the power in section 62 to review a decision made under sections 38 or 41. This would correct an anomaly, improving Defence’s efficiency in administering the Woomera Prohibited Area, but would not have any substantive effect on any person’s ability to apply for or be granted access to the Woomera Prohibited Area.

 

Human rights implications

This amendment does not engage any of the applicable rights or freedoms.

Conclusion

This amendment is compatible with human rights as it does not raise any human rights issues.

 

Peter Dutton, Minister for Defence

 

Overview

The Woomera Prohibited Area Amendment Rule (No.1) 2021 was enacted to address an administrative anomaly within the existing framework of the Defence Act 1903, specifically concerning the delegation of powers under the Woomera Prohibited Area Rule 2014. The legislation was introduced by the Minister for Defence, Peter Dutton, in accordance with subsection 72TP(1) of the Defence Act 1903. The primary objective of the Amending Instrument is to allow the Secretary of the Department of Defence to be designated as a person to whom the Minister for Defence may delegate all powers and functions under the Rule, except for the specific power to review decisions made under sections 38 or 41. This amendment aims to streamline the administrative processes within the Department of Defence without altering the substantive rights or access conditions for individuals seeking entry to the Woomera Prohibited Area. The Industry Minister was consulted and provided agreement as required by the Defence Act 1903. The instrument does not necessitate a regulatory impact statement and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Woomera Prohibited Area Amendment Rule (No.1) 2021 amends the existing Woomera Prohibited Area Rule 2014, which was established under subsection 72TP(1) of the Defence Act 1903. The purpose of this amending instrument is to rectify an oversight in the original rule by allowing the Minister for Defence to delegate certain powers to the Secretary of the Department of Defence, who was previously excluded from such delegations. This change is intended to streamline the administrative processes within Defence and enhance the efficiency of managing the Woomera Prohibited Area without altering the substantive rights of individuals or entities seeking access to the area. The rule applies specifically to the Woomera Prohibited Area and is subject to the conditions and powers prescribed under Part VIB of the Defence Act 1903. The amendment becomes effective upon its registration on the Federal Register of Legislation and is in line with the human rights standards as confirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of the Woomera Prohibited Area Amendment Rule (No.1) 2021 (the Amending Instrument) are found in Schedule 1, which amends the original Woomera Prohibited Area Rule 2014 (the Rule) by adding the Secretary of the Department of Defence as a person to whom the Minister for Defence may delegate certain powers and functions. Specifically, section 63 of the Rule is amended to include the Secretary in the list of individuals to whom the Minister can delegate powers or functions under the Rule (Item 1 of Schedule 1). Additionally, section 63(2) is amended to include the Secretary among those to whom the Minister can delegate all powers or functions under the Rule, except those related to reviewing decisions made under sections 38 or 41 (Item 2 of Schedule 1). The obligations and requirements imposed by the Amending Instrument pertain to the delegation of specific powers and functions by the Minister for Defence to the Secretary of the Department of Defence. Under the original Rule, the Minister could delegate these powers to prescribed APS employees of the Department of Defence or members of the Australian Defence Force, but not to the Secretary. The Amending Instrument corrects this by amending section 63 to include the Secretary as an eligible delegate. This change is intended to improve the efficiency of administering the Woomera Prohibited Area without affecting any person's ability to apply for, or be granted, access to the area. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amending Instrument itself for non-compliance with its provisions. However, any failure to comply with the delegation of powers as amended by the Amending Instrument could potentially lead to administrative issues within the Department of Defence. It is important to note that the Amending Instrument states it is compatible with human rights and does not raise any human rights issues, as detailed in the Statement of Compatibility with Human Rights (Attachment 2). This suggests that the changes introduced by the Amending Instrument do not infringe on any rights or freedoms guaranteed under the applicable international instruments.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.