Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016-2017 Amendment No.1

Overview

The Defence Act 1903 was enacted by the Australian Parliament to establish and regulate the operations of the Australian Defence Force. The Act provides a legislative framework for the governance, command, and administration of the Defence Force, including the establishment of prohibited areas such as the Woomera Prohibited Area. The Woomera Prohibited Area Rule 2014 was introduced to address the need for specific regulations governing access to certain zones within the Woomera Prohibited Area, particularly the Green Zone, to ensure national security and safety. The Minister for Defence has the authority to determine exclusion periods for the Green Zone under subsection 8(1) of the Woomera Prohibited Area Rule 2014, delegating this power to set the exclusion periods for each financial year. The policy objective is to manage and restrict access to sensitive areas within the Woomera Prohibited Area to mitigate potential risks to national security and safety.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.1 applies to permit holders who have authorisation to access the Woomera Prohibited Area, specifically the Green Zone, as per the Woomera Prohibited Area Rule 2014. The Determination amends the exclusion periods for the Green Zone, adding specific dates during which permit holders are barred from entering this restricted area. This legislative instrument is a Commonwealth regulation, thus it has a national jurisdictional reach and applies across Australia. There are no stated exclusions or exemptions within the Determination itself, but its application is inherently limited to those individuals or entities with a permit to access the Woomera Prohibited Area. The application of the Act may be further detailed or restricted through subordinate instruments, although this particular Determination focuses solely on the amendment of exclusion periods.

Key Provisions

The main operative sections of the Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.1 are subsection 8(1) and Attachment 1. Subsection 8(1) of the Rule provides the authority for the Minister for Defence to determine exclusion periods for the Green Zone in the Woomera Prohibited Area for a financial year. Attachment 1 details the specific exclusion periods for the Green Zone for the financial year 2016-2017, including the additional exclusion periods 26 February 2017 – 4 March 2017 and 5 March 2017 – 11 March 2017. This legislation imposes obligations on permit holders to adhere to the specified exclusion periods for the Green Zone. Permit holders must ensure they do not enter the Green Zone during the designated exclusion periods, as outlined in Attachment 1 of the Amendment. Failure to comply with these exclusion periods may result in legal consequences, as outlined in the Act or any related legislation. The permit holders must also ensure they have the most current information regarding the exclusion periods to avoid unintentional breaches. Breach of the exclusion periods specified in this Determination may result in civil or criminal consequences. The exact nature and severity of these consequences will depend on the specific circumstances of the breach and the applicable laws. For instance, unauthorised entry into the Green Zone during an exclusion period could potentially lead to charges under the Defence Act 1903 or other related legislation. The maximum penalties for such breaches will be determined according to the specific provisions of the law under which the charges are laid. It is important for permit holders to be aware of these potential consequences and to comply with the exclusion periods to avoid any legal repercussions.