Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone Amendment No. 1

Overview

The Defence Act 1903, enacted by the Australian Parliament, provides the legislative framework governing the Australian Defence Force, including the establishment and management of prohibited areas such as the Woomera Prohibited Area. The Act aims to ensure the security and operational efficiency of defence activities by regulating access to sensitive areas. The Woomera Prohibited Area Rule 2014, an instrument under the Defence Act, specifically governs the Woomera Prohibited Area in South Australia, which includes a Green Zone requiring restricted access for national security reasons. The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone Amendment No.1, issued by the Minister for Defence, adjusts the exclusion periods for the Green Zone. This administrative process, which does not require consultation as it pertains to routine management of restricted access, specifies the dates during which permit holders are barred from entering the Green Zone. The amendment sets a new exclusion period from 29 February 2016 to 13 March 2016. A Statement of Compatibility with Human Rights confirms the determination is consistent with the human rights and freedoms recognised in international instruments.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone Amendment No.1 applies to permit holders who are granted access to the Woomera Prohibited Area. This rule is a legislative instrument under the Defence Act 1903, and it specifically governs the exclusion periods for the Green Zone within the Woomera Prohibited Area. The exclusion periods determine the times during which permit holders are barred from entering the Green Zone, and the amendment adjusts the specific dates of these exclusions. The rule applies within the Commonwealth jurisdiction, impacting those who hold permits and operate within the designated Woomera Prohibited Area. The exclusion periods are administratively determined by the Minister for Defence, or by their delegate, and no consultation is required as this process is considered administrative in nature. This instrument is effective from the day after registration and is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of the Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone Amendment No.1 (the Determination) concern the exclusion periods for the Green Zone within the Woomera Prohibited Area, as provided under subsection 8(1) of the Rule. This legislative instrument amends the exclusion period set out in a previous determination dated 10 August 2015. The amendment specifies that permit holders will now be excluded from the Green Zone for the period starting from 29 February 2016 and ending on 13 March 2016. This change is aimed at updating the exclusion periods for permit holders entering the Green Zone, ensuring that they are aware of the specific timeframes during which access is restricted. The Determination imposes certain obligations and requirements on the parties or entities it governs. Permit holders, who are granted access to the Woomera Prohibited Area, must adhere to the amended exclusion period for the Green Zone as outlined in the Determination. This means that during the specified dates of 29 February 2016 to 13 March 2016, permit holders are not allowed to enter the Green Zone. The Determination also requires the Minister for Defence, or their delegate, to ensure that the exclusion periods are communicated effectively to all relevant stakeholders. This includes updating any relevant documentation or notices to reflect the new exclusion dates. The Determination does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that any breach of the exclusion periods set out in the Determination could potentially result in legal consequences under the Defence Act 1903, or other relevant legislation. The penalties for such breaches may vary depending on the specific circumstances and the applicable laws. The Determination is designed to provide clarity and ensure compliance with the exclusion periods for the Green Zone, thereby maintaining the security and safety of the Woomera Prohibited Area.