Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015 - 2016 Amendment No. 1

Overview

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015-2016 Amendment No.1 was introduced as an amendment to the existing rules governing the Woomera Prohibited Area under the Defence Act 1903. Enacted by the Australian Parliament, this legislation addresses the need for precise and updated administrative arrangements for exclusion periods in designated areas within the Woomera Prohibited Area for the specified financial year. The amendment was introduced to refine and update the exclusion periods for Amber Zone 1 and Amber Zone 2, as outlined in the original Determination dated 24 March 2015, ensuring that the permit holders are clearly informed of the times they are excluded from entering these zones. The policy objective of this amendment is to maintain operational efficiency and compliance with the rules governing the Woomera Prohibited Area, while ensuring that any changes are communicated effectively to all relevant stakeholders.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015-2016 Amendment No.1, issued under the Defence Act 1903, applies to individuals holding permits under the Woomera Prohibited Area Rule 2014, governing their entry to specified zones within the Woomera Prohibited Area during the financial year 2015-2016. This legislative instrument is confined to the Woomera Prohibited Area, thereby limiting its geographic scope to the specific regions outlined within the determination. The amendment, which does not require consultation due to its administrative nature, sets forth the exclusion periods during which permit holders are barred from entering the designated Amber Zones. These periods are meticulously detailed and are subject to amendment as demonstrated by Amendment No.1, which modifies the original determination. The amendment ensures that the rule remains aligned with human rights standards as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011, confirming its compatibility with recognised human rights and freedoms.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015-2016 Amendment No.1 (the "Amendment") sets out the specific dates during which permit holders are excluded from entering Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2015-2016. The determination was made under the authority of the Minister for Defence pursuant to subsection 8(1) of the Woomera Prohibited Area Rule 2014. The Amendment modifies the exclusion periods set out in the original determination dated 24 March 2015, providing updated dates for the remaining exclusion periods for that financial year. The Amendment imposes specific obligations on permit holders who must adhere to the exclusion periods for the designated zones. These periods are clearly defined and permit holders must ensure they do not enter the designated zones during the specified times. Failure to comply with these exclusion periods may result in unauthorised entry into the Woomera Prohibited Area, which could have serious legal and security implications. It is imperative for permit holders to be fully aware of the exclusion periods and to plan their activities accordingly to avoid any breaches. Under the Woomera Prohibited Area Rule 2014, any unauthorised entry into the Woomera Prohibited Area, including the Amber Zones, is an offence. The Act does not explicitly detail specific penalties for breaches within the Amendment itself, but breaches of the Woomera Prohibited Area Rule 2014 generally may result in significant penalties, including fines and imprisonment. The severity of the penalties will depend on the circumstances of the breach and the discretion of the court. Additionally, unauthorised entry could have broader implications, such as revocation of the permit or other administrative actions by the Defence Department. The Amendment ensures that the determination of exclusion periods aligns with human rights as it does not engage any applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights. This compatibility statement, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirms that the Amendment does not raise any human rights issues and is therefore compatible with the human rights and freedoms recognised in the relevant international instruments.