Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015 – 2016 Amendment No. 3

Administered by Department of Defence

Legislation au F2015L01784 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 2015 -2016 Amendment No.3

 

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 2015 -2016 Amendment No.3

 

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 2015 -2016 Amendment No.3

 

The Determination dated 24 March 2015 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 2015 -2016.

 

The amendments to the Determination, dated 3 July 2015 and 22 October 2015 amended the exclusion periods for Amber Zone 1 and Amber Zone 2 during financial year 2015 -2016.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015 -2016 Amendment No.3 further amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing the period 2 November 2015 – 6 December 2015 as an exclusion period for Amber Zone 1 and Amber Zone 2.

 

This amendment will take effect retrospectively but does not breach the limits on retrospective commencement set out in section 12(2) Legislative Instruments Act 2003.  This is due to the amendment being required to correct an error in Amendment No.2 and the beneficial effect of removing restrictions on access to the Woomera Prohibited Area. 

 

The removal of the period 2 November 2015 – 6 December 2015 as an exclusion period will allow permit holders to enter the Woomera Prohibited Area during this period and as such is and is not adverse to any person’s rights.

 

In accordance with this amendment, the remaining exclusion period for financial year 2015-2016 will be as follows:

 

Exclusion Period

Zone to which the Exclusion Period applies

8 February 2016 – 27 March 2016

Amber Zone 1

9 May 2016 – 12 June 2016

Amber Zone 1

29 February 2016 – 13 March 2016

Amber Zone 2

16 May 2016 – 29 May 2016

Amber Zone 2

 

 

 

 

 

 


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 2015 -2016 Amendment No.3

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 24 March 2015 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 2015 -2016.

 

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 2015 -2016.

 

The amendments to the Determination, dated 3 July 2015 and 22 October 2015 amended the exclusion periods for Amber Zone 1 and Amber Zone 2 during financial year 2015 -2016. 

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2015 -2016 Amendment No.3 further amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing the period 2 November 2015 – 6 December 2015 as an exclusion period for Amber Zone 1 and Amber Zone 2.

 

This amendment will take effect retrospectively but does not breach the limits on retrospective commencement set out in section 12(2) Legislative Instruments Act 2003.  This is due to the amendment being required to correct an error in Amendment No.2 and the beneficial effect of removing restrictions on access to the Woomera Prohibited Area. 

 

The removal of the period 2 November 2015 – 6 December 2015 as an exclusion period will allow permit holders to enter the Woomera Prohibited Area during this period and as such is and is not adverse to any person‘s rights.

 

In accordance with this amendment, the remaining exclusion period for financial year 2015-2016 will be as follows:

 

Exclusion Period

Zone to which the Exclusion Period applies

8 February 2016 – 27 March 2016

Amber Zone 1

9 May 2016 – 12 June 2016

Amber Zone 1

29 February 2016 – 13 March 2016

Amber Zone 2

16 May 2016 – 29 May 2016

Amber Zone 2

 

Human rights implications

This amendment does not engage any of the applicable rights or freedoms.  While the instrument will have retrospective commencement, it does not breach the limits on retrospective commencement set out in section 12(2) Legislative Instruments Act 2003 on the grounds that it corrects an error in Amendment No.2 and the current amendment can be considered to have a beneficial effect as it removes restrictions on access to the Woomera Prohibited Area.

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, enacted by the Australian Parliament, provides the legal framework for the administration and operation of Australia's defence forces. To address administrative needs, the Minister for Defence has the power to determine exclusion periods for certain areas under the Woomera Prohibited Area Rule 2014, which was established to manage access to sensitive areas for defence purposes. 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.3 was introduced to correct an error in a previous amendment, specifically removing an erroneous exclusion period for the specified zones. This amendment ensures that permit holders can access these zones during the corrected period, facilitating the administrative process without adversely affecting human rights. The amendment was not subject to consultation as it pertains to internal administrative adjustments and is compatible with human rights, as confirmed by a statement prepared under 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.3 applies to permit holders within the Woomera Prohibited Area, specifically those who hold permits issued under the Woomera Prohibited Area Rule 2014. The amendment pertains to the exclusion periods during which these permit holders are barred from entering Amber Zone 1 and Amber Zone 2 within the area. This legislation has a jurisdictional reach within the Commonwealth of Australia, specifically focusing on the Woomera Prohibited Area. The amendment amends the previously determined exclusion periods for the financial year 2015-2016, removing a specific period as an exclusion period, thereby correcting an error and easing access restrictions. The amendment is retrospective in effect but does not contravene the limits on retrospective commencement as it corrects an error and removes access restrictions, thereby having a beneficial effect. The exclusion periods are now adjusted as follows: 8 February 2016 – 27 March 2016 and 9 May 2016 – 12 June 2016 for Amber Zone 1, and 29 February 2016 – 13 March 2016 and 16 May 2016 – 29 May 2016 for Amber Zone 2.

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. 3 (the Amendment) is an administrative adjustment to the exclusion periods for the Amber Zones within the Woomera Prohibited Area, as stipulated in section 8(1) of the Woomera Prohibited Area Rule 2014. This Amendment modifies the exclusion periods set forth in the original Determination dated 24 March 2015 and the subsequent amendments dated 3 July 2015 and 22 October 2015. Specifically, the Amendment removes the exclusion period from 2 November 2015 to 6 December 2015 for both Amber Zone 1 and Amber Zone 2, thereby allowing permit holders to access these zones during this period. The exclusion periods now stand as follows: 8 February 2016 to 27 March 2016 and 9 May 2016 to 12 June 2016 for Amber Zone 1, and 29 February 2016 to 13 March 2016 and 16 May 2016 to 29 May 2016 for Amber Zone 2. The Amendment imposes certain obligations on permit holders and Defence. Permit holders must ensure they comply with the exclusion periods and any other conditions stipulated in their permits. Defence, on the other hand, is responsible for enforcing the exclusion periods and ensuring that the Woomera Prohibited Area is managed securely and efficiently. This involves monitoring permit holders’ activities and ensuring that they adhere to the specified exclusion periods. In terms of consequences for non-compliance, the Amendment does not explicitly outline penalties. However, violations of the Woomera Prohibited Area Rule 2014 or any conditions of a permit could result in civil or criminal penalties. Civil penalties may include fines, and criminal penalties may include imprisonment, as per the general provisions of the Defence Act 1903 and any related regulations. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. It is also important to note that the Amendment has been deemed compatible with human rights, as it does not adversely affect any rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011. The retrospective nature of the Amendment, while correcting an error, is justified due to the beneficial effect of reducing access restrictions to the Woomera Prohibited Area.

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