EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal
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.
Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal
Details of the Repeal are set out in Attachment 1.
Consultation
Consultation was not required in relation to this repeal on the basis that the determination of exclusion periods is an administrative process undertaken for each financial year.
Commencement
This repeal 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 Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal
The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 sets out the dates on which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Green Zone during financial year 2016 -2017.
Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal, repeals the instrument and removes the remaining exclusion periods between 26 February 2017 and 11 March 2017 for the Green Zone.
The removal of these exclusion periods will allow permit holders to enter the Woomera Prohibited Area at these times and as such is and is not adverse to any person’s rights.
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
Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal
This repeal of the 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 Repeal
The Determination made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by her delegate to determine the exclusion periods for the Green Zone in the Woomera Prohibited Area for the financial year 2016 -2017.
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 during financial year 2016 -2017.
Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for Financial Year 2016 -2017 Repeal, repeals the instrument and removes the exclusion periods between 26 February 2017 and 11 March 2017 for the Green Zone.
The removal of these exclusion periods will allow permit holders to enter the Woomera Prohibited Area at this time and as such is and is not adverse to any person‘s rights.
Human rights implications
This repeal does not engage any of the applicable rights or freedoms and can be considered to have a beneficial effect as it removes restrictions on access to the Woomera Prohibited Area.
Conclusion
This repeal is compatible with human rights as it does not raise any human rights issues.
Ms Caroline Chalker, Director Woomera Prohibited Area Coordination Office.