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

Overview

The Defence Act 1903 was enacted to establish the legal framework for Australia's defence forces and related matters, including the management of prohibited areas for national security reasons. The Woomera Prohibited Area Rule 2014 was subsequently introduced to manage and regulate activities within the Woomera Prohibited Area in South Australia, particularly concerning the exclusion periods for certain zones within the area. This legislation was designed to address the need for stringent control over access to sensitive military and scientific sites, ensuring that these areas can be used for critical national activities without unnecessary interference. The Minister for Defence, exercising powers delegated by the Parliament, has the authority to determine these exclusion periods, as outlined in subsection 8(1) of the Woomera Prohibited Area Rule 2014. The policy objective is to balance the need for national security and operational efficiency with the rights of permit holders to access the area during non-exclusion periods. 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.2 provides specific adjustments to the exclusion periods within the Woomera Prohibited Area for the aforementioned financial year, following administrative assessments and adjustments as required. This amendment was introduced without the need for consultation, as it pertains to routine administrative processes. The amendment ensures that the exclusion periods are effectively managed to align with operational needs while maintaining the necessary security protocols. This legislative instrument is intended to ensure compliance with human rights, as affirmed in the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.

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. 2 applies to permit holders within the Woomera Prohibited Area, which is a designated area under the Defence Act 1903. The Act and its subsidiary rules are administered by the Minister for Defence, and the amendment pertains specifically to the exclusion periods during the 2015-2016 financial year for access to Amber Zone 1 and Amber Zone 2. The amendment updates the previously set exclusion dates, ensuring that permit holders are aware of the specific periods during which entry to these zones is prohibited. The amendment does not require consultation as it pertains to an administrative process and directly impacts those with permits under the Woomera Prohibited Area Rule 2014. The amendment comes into effect on the day following its registration. This legislative amendment is accompanied by a Statement of Compatibility with Human Rights, confirming that it does not engage with any applicable rights or freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

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.2 amends the exclusion periods for holders of permits under the Woomera Prohibited Area Rule 2014. Specifically, it sets the exclusion periods for entering Amber Zone 1 on two occasions: from 8 February to 27 March 2016 and from 9 May to 12 June 2016. For Amber Zone 2, it sets the exclusion periods for two occasions: from 29 February to 13 March 2016 and from 16 May to 29 May 2016 (subsection 1(2)). These amendments are made under the authority delegated by the Minister for Defence, as per subsection 8(1) of the Woomera Prohibited Area Rule 2014, which allows the Minister to determine exclusion periods by legislative instrument. Entities governed by this amendment, particularly permit holders under the Woomera Prohibited Area Rule 2014, must comply with the specified exclusion periods. This includes refraining from entering Amber Zone 1 and Amber Zone 2 during the dates specified in the amendment. The amendment also imposes a requirement on permit holders to stay informed of the exclusion periods and to ensure compliance to avoid any potential legal repercussions. 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.2 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach in the text provided. However, breaches of the Woomera Prohibited Area Rule 2014 or any related regulations could potentially lead to legal actions under the Defence Act 1903 or other applicable laws, which could include fines, imprisonment, or other penalties as prescribed by law. The severity of the penalties would depend on the nature and extent of the breach, as well as any relevant jurisdictional provisions.