Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone

Overview

The Woomera Prohibited Area Rule 2014 Determination of an Exclusion Period for the Green Zone was enacted in 2014 to address the need for the Minister for Defence to determine exclusion periods for the Green Zone in the Woomera Prohibited Area. The Defence Act 1903 provides the legislative framework within which this determination is made. The Minister for Defence has the power to determine these exclusion periods, and this power has been delegated for administrative purposes. The determination specifies the periods during which permit holders are excluded from entering the Green Zone, aligning with the requirements set out in the Woomera Prohibited Area Rule 2014. This process is intended to ensure that the restricted nature of the area is maintained effectively, and it does not require consultation as it is considered an internal administrative task. The determination is a legislative instrument under the Legislative Instruments Act 2003 and is accompanied by a Statement of Compatibility with Human Rights, confirming its alignment with international human rights standards.

Scope and Application

The Woomera Prohibited Area Rule 2014, as amended by the Determination of an Exclusion Period for the Green Zone, applies to the Woomera Prohibited Area, which is defined in section 5 of the Rule. This legislation primarily concerns the exclusion periods for the Green Zone within this area, and specifically details the periods during which permit holders are barred from entering the Green Zone. The Minister for Defence has the authority to determine these exclusion periods by legislative instrument, and this power has been delegated. The Determination sets out these exclusion periods for the financial year 2014-2015, and the instrument comes into effect the day after registration. Notably, the process of determining these exclusion periods was considered administrative, thus consultation was deemed unnecessary. The Determination also includes a Statement of Compatibility with Human Rights, asserting that the legislation does not interfere with any of the human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Woomera Prohibited Area Rule 2014, as modified by this Determination, outlines the exclusion periods for the Green Zone within the Woomera Prohibited Area, specifically for the financial year 2014-2015 (Section 8(1)). This Determination, which is a legislative instrument under the Legislative Instruments Act 2003, specifies the dates during which permit holders are barred from entering the Green Zone (Attachment 1). The Green Zone is defined in Section 5 of the Woomera Prohibited Area Rule 2014, and the exclusion periods are set out to ensure compliance with the administrative processes required for each financial year. The obligations imposed by this Determination require permit holders to adhere strictly to the specified exclusion periods. Any person holding a permit issued under the Woomera Prohibited Area Rule 2014 must ensure they do not enter the Green Zone during the designated exclusion periods, as stated in Section 10 of the Rule. Failure to comply with these periods may lead to unauthorised entry into a restricted area, which is explicitly prohibited. Any breach of the exclusion periods could result in legal consequences. The Woomera Prohibited Area Rule 2014 does not explicitly detail the penalties for violations of the exclusion periods. However, entering a restricted area without permission could be considered an offence under related Defence regulations, potentially leading to criminal charges. The precise penalties would depend on the specific laws governing Defence areas and the severity of the breach. It is essential for permit holders to fully understand and comply with the exclusion periods to avoid any legal ramifications.