EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area Rule 2014
Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2
Purpose
Subsection 8(1) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, determine the exclusion periods for the Green Zone in the Woomera Prohibited Area for a financial year.
The Minister has delegated the power to determine exclusion periods for a financial year.
Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2
Details of the Determination are set out in Attachment 1.
Consultation
Consultation was not required in relation to this instrument on the basis that the determination of exclusion periods is an administrative process undertaken for each financial year.
Commencement
This instrument commences on the day after registration.
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 Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2
The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 - 2017 sets out the periods in which permit holders are excluded from the Green Zone in accordance with subsection 8(1) of the Woomera Prohibited Area Rule 2014.
Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2 amends the schedule to delete the period 30 October 2016 – 19 November 2016 as an exclusion period for the Green Zone.
In accordance with this amendment, the remaining exclusion period for financial year 2016-2017 will be as follows:
Exclusion Period |
26 February 2017 – 4 March 2017 |
5 March 2017 – 11 March 2017 |
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 Rule 2014
Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2
This Determination under the Woomera Prohibited Area Rule 2014 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 Determination
This Determination made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by his delegate to determine the exclusion periods for the Green Zone in the Woomera Prohibited Area. The Determination set out the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Green Zone.
This amendment varies the dates on which exclusion periods will apply to the Green Zone by deleting the period 30 October 2016 – 19 November 2016 as an exclusion period for the Green Zone.
Human rights implications
This Determination does not engage any of the applicable rights or freedoms.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
Mr John Anderson, Director Woomera Prohibited Area Coordination Office.
Overview
The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 – 2017 Amendment No.2, enacted under the Defence Act 1903, was introduced to amend the exclusion periods for the Green Zone in the Woomera Prohibited Area. The Minister for Defence, who has delegated this power, determined the exclusion periods for a financial year. This amendment modifies the previously set exclusion periods by deleting the period from 30 October 2016 to 19 November 2016. The amendment was issued without the need for consultation, as it is an administrative process for each financial year. It is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.
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.2 applies to permit holders within the Green Zone of the Woomera Prohibited Area, specifically those who need to be aware of periods during which they are excluded from accessing this area. This exclusion is in accordance with the legislative framework established under the Woomera Prohibited Area Rule 2014, with the Minister for Defence having delegated the power to determine these periods. The amendment made by this determination adjusts the exclusion periods for the financial year 2016-2017 by deleting the period from 30 October 2016 to 19 November 2016. The amendment effectively modifies the schedule of exclusion periods, leaving the remaining exclusion periods as 26 February 2017 to 4 March 2017 and 5 March 2017 to 11 March 2017. The determination applies nationally, given the federal jurisdiction over the Woomera Prohibited Area. The amendment does not introduce any new exclusions or exemptions beyond the specified periods and does not require consultation, as it pertains to an administrative process for each financial year.
Key Provisions
The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone for Financial Year 2016 - 2017 Amendment No.2 (subsection 8(1)) specifies the periods during which permit holders are excluded from entering the Green Zone within the Woomera Prohibited Area. This amendment removes the exclusion period from 30 October 2016 to 19 November 2016, leaving the exclusion periods as 26 February 2017 to 4 March 2017 and 5 March 2017 to 11 March 2017. This legislation was enacted by the Minister for Defence, delegating the power to determine the exclusion periods to an authorised official.
The Act imposes specific obligations on permit holders, requiring them to comply with the designated exclusion periods. Permit holders must refrain from entering the Green Zone during the specified dates unless otherwise authorised. The Act also imposes a duty on officials to monitor compliance with the exclusion periods and enforce any breaches. Additionally, there is a requirement for the Minister to review and adjust these periods as necessary to ensure the safety and security of the Woomera Prohibited Area.
Breaching the exclusion periods set forth in this Act may result in legal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of similar provisions in related legislation typically result in fines or other administrative penalties. Unauthorized entry during exclusion periods may also lead to permit revocation or denial of future permits. Civil and criminal proceedings could be initiated for more severe breaches, depending on the nature and impact of the violation.