Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014 - 2015 Amendment No. 2

Administered by Department of Defence

Legislation au F2015L00155 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Defence

Defence Act 1903

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 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 Amber Zone 1 and Amber Zone 2 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 Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 Amendment No.2

 

Details of the Amendment are set out in Attachment 1.

 

Consultation

 

Consultation was not required in relation to this amendment on the basis that the determination of exclusion periods is an administrative process undertaken for each financial year.

 

Commencement

 

This amendment 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 Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 Amendment No.2

 

The Determination dated 9 October 2014 set out the dates on which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Amber Zone 1 and Amber Zone 2 during financial year 2014 -2015.

 

The amendment to the Determination dated 22 January 2015 removed the period 2 March 2015 – 15 March 2015 as an exclusion period for Amber Zone 2 during financial year 2014 -2015. 

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 Amendment No.2 amends the exclusion periods for Amber Zone 1 and Amber Zone 2.  In accordance with this amendment, the only remaining exclusion period for financial year 2014-2015 will be between 18 May 2015 – 7 June 2015 for the part of Amber Zone 1 to the east of the Stuart Highway.

 

 

 

 

 

 

 

 

 

 


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 Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 Amendment No.2

This amendment to 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 Amendment

The Determination made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 dated 9 October 2014 exercised the power of the Minister for Defence by his delegate to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2014 -2015.

 

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 Amber Zone 1 and Amber Zone 2 during financial year 2014 -2015.

 

A previous amendment to the Determination dated 22 January 2015 removed the period 2 March 2015 – 15 March 2015 as an exclusion period for Amber Zone 2 during financial year 2014 -2015. 

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014 -2015 Amendment No.2 further amends the exclusion periods for the Amber Zone 1 and Amber Zone 2.  In accordance with this amendment, the only remaining exclusion period for financial year 2014-2015 will be between 18 May 2015 – 7 June 2015 for the part of Amber Zone 1 to the east of the Stuart Highway.

 

Human rights implications

This amendment does not engage any of the applicable rights or freedoms.

Conclusion

This amendment is compatible with human rights as it does not raise any human rights issues.

 

Mr Chris Birrer, Acting First Assistant Secretary Strategic Policy

 

Overview

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014-2015 Amendment No. 2 was enacted in 2014 to provide flexibility in managing the exclusion periods for specific zones within the Woomera Prohibited Area. The Defence Act 1903 grants the Minister for Defence the authority to determine these exclusion periods via legislative instruments, a power that has been delegated to relevant officials. This amendment responds to operational needs by adjusting the exclusion periods, thereby allowing for better management of the restricted areas within the Woomera Prohibited Area. The legislative instrument was developed without public consultation as it pertains to an administrative process specific to the financial year. The amendment ensures that the exclusion periods align with the operational requirements and is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014-2015 Amendment No.2 applies to individuals and entities holding permits issued under the Woomera Prohibited Area Rule 2014, specifically those with authorisation to enter the Woomera Prohibited Area. The amendment pertains to the exclusion periods during which permit holders are barred from entering specific zones within the area, namely Amber Zone 1 and Amber Zone 2. The jurisdictional reach of this amendment is limited to the Woomera Prohibited Area, a Commonwealth-controlled region in South Australia. The amendment modifies the exclusion periods set out in the initial determination, specifying that the only remaining exclusion period for financial year 2014-2015 is between 18 May 2015 and 7 June 2015 for the part of Amber Zone 1 to the east of the Stuart Highway. The amendment does not extend or restrict application through subordinate instruments but operates directly within the framework of the Woomera Prohibited Area Rule 2014.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014-2015 Amendment No.2, which amends the exclusion periods for these zones, is an administrative process undertaken for each financial year. The key provision of this legislation (section 8(1)) allows the Minister for Defence to determine, by legislative instrument, the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for a financial year. This power has been delegated by the Minister, enabling the exclusion periods to be set out as part of this amendment. The determination specifies the dates during which permit holders are excluded from entering these zones, with the amendment adjusting these periods as necessary. The obligations imposed by this Act primarily concern permit holders who must adhere to the specified exclusion periods. They are required to ensure they do not enter Amber Zone 1 or Amber Zone 2 during the designated exclusion periods, as doing so could result in legal consequences. Permit holders must remain informed about the dates set forth in the Determination and comply with any changes, such as the removal of the period 2 March 2015 – 15 March 2015 for Amber Zone 2, and the introduction of the exclusion period from 18 May 2015 – 7 June 2015 for the part of Amber Zone 1 to the east of the Stuart Highway. This compliance is critical to avoid any legal repercussions. In terms of consequences, the Act does not explicitly outline specific offences or penalties for breaches of the exclusion periods within the text provided. However, non-compliance with the specified exclusion periods could lead to legal actions under the broader legislative framework governing the Woomera Prohibited Area. Such actions might include fines or other civil penalties, depending on the specific circumstances and the extent of the breach. It is important for permit holders to understand that failure to adhere to these exclusion periods could have legal implications, including potential enforcement actions by the relevant authorities.

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