Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014 - 2015 Amendment

Administered by Department of Defence

Legislation au F2015L00097 Not in force Legislative Instrument

Legislation content

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

 

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.

 

Determination of Exclusion periods for the Financial Year 2014 -2015 Amendment

 

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 Amendment to the Determination of Exclusion periods for Amber Zone 1 and Amber Zone 2 for the Financial Year 2014 -2015

 

 

 

Woomera Prohibited Area Rule 2014

Determination of Exclusion Periods for Financial Year 2014 2015 Amendment

 

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 removes the period 2 March 2015 – 15 March 2015 as an exclusion period for Amber Zone 2 during financial year 2014 -2015.  Permit holders whose permits allow access to Amber Zone 2 will be permitted to enter this zone during the period 2 March 2015 – 15 March 2015.

 

 

 

 

 

 

 

 

 

 


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

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.

 

The amendment to the Determination removes the period 2 March 2015 – 15 March 2015 as an exclusion period for Amber Zone 2 during financial year 2014 -2015.  Permit holders whose permits allow access to Amber Zone 2 will be permitted to enter this zone during the period 2 March 2015 – 15 March 2015.

 

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 Defence Act 1903, as amended by the Woomera Prohibited Area Rule 2014, was enacted to regulate the access and activities within the Woomera Prohibited Area, ensuring national security and public safety. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2014-2015 Amendment, made under the authority of the Minister for Defence, was introduced to adjust the exclusion periods for permit holders in the Woomera Prohibited Area. This amendment was deemed necessary as an administrative process for the financial year and did not require consultation. The amendment to the exclusion periods removes a specific timeframe from the exclusion list for Amber Zone 2, thereby allowing permit holders access during that period. The amendment is compatible with human rights as confirmed by the Statement of Compatibility with Human Rights, which was prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. This adjustment to the exclusion periods facilitates more flexible permit usage while maintaining the integrity of security protocols within the Woomera Prohibited Area.

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 applies to permit holders within the Woomera Prohibited Area, specifically targeting those holding permits that allow access to the Amber Zones. This legislative amendment is issued under the authority of the Minister for Defence and pertains to the Defence Act 1903. The amendment modifies previously established exclusion periods for Amber Zone 2, removing the exclusion period from 2 March 2015 to 15 March 2015. This change permits permit holders to access Amber Zone 2 during this previously restricted timeframe. The amendment does not require consultation as it involves an administrative adjustment to the exclusion periods for the financial year. The amendment comes into effect on the day following its registration, ensuring that the change is implemented without delay. Furthermore, the amendment has been assessed for compatibility with human rights, concluding that it does not engage any of the applicable rights or freedoms, thereby ensuring its alignment with human rights standards.

Key Provisions

The main operative sections of this legislation, specifically the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for the Financial Year 2014-2015 Amendment, focus on adjusting the exclusion periods for certain zones within the Woomera Prohibited Area. According to section 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine these exclusion periods by legislative instrument. This amendment removes a previously specified exclusion period for Amber Zone 2, allowing permit holders to enter this zone between 2 March 2015 and 15 March 2015, which was previously prohibited. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily centred on compliance with the amended exclusion periods. Permit holders under the Woomera Prohibited Area Rule 2014 must adhere to the newly determined periods and ensure that they do not enter the Amber Zones during the exclusion periods unless expressly permitted by their permits. The amendment clarifies that permit holders with access to Amber Zone 2 can now enter this area during the previously excluded period of 2 March 2015 to 15 March 2015, provided their permits allow such access. Regarding offences, penalties, or civil/criminal consequences for breaches, the legislation does not explicitly detail specific penalties for non-compliance with the exclusion periods. However, it is implied that failure to adhere to the permit conditions and exclusion periods could result in legal consequences, including potential revocation of permits or other enforcement actions under the Defence Act 1903 and the Woomera Prohibited Area Rule 2014. While the maximum penalties are not stated in this particular amendment, breaches of similar regulations typically involve administrative penalties, fines, or legal action depending on the severity and intent of the breach.

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