Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 – 2017 Amendment No.1

Overview

The Defence Act 1903, enacted by the Australian Parliament, governs matters related to the defence of Australia and its territories. One of the key provisions of this Act is the establishment and management of prohibited areas, which includes the Woomera Prohibited Area. The Woomera Prohibited Area Rule 2014, as amended by the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016-2017 Amendment No. 1, addresses the specific issue of determining exclusion periods for certain zones within the area. The Minister for Defence, exercising delegated authority under the Act, has the power to set these exclusion periods, ensuring that the area can be managed effectively for defence purposes while balancing the rights of permit holders. The amendment seeks to modify previously set exclusion periods, thereby adjusting access to certain zones within the Woomera Prohibited Area for the specified financial year.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016-2017 Amendment No.1 pertains to the management and regulation of access to specified zones within the Woomera Prohibited Area, which is under the jurisdiction of the Defence Act 1903. This legislation applies to permit holders who are granted access to these areas, and the amendment specifically modifies the exclusion periods that determine when these permit holders are barred from entering Amber Zone 1 and Amber Zone 2. The amendment serves to remove certain exclusion periods, thereby allowing permit holders to access these zones during previously restricted times. The amendment does not extend to any other areas or zones outside of Amber Zone 1 and Amber Zone 2, and it does not alter the fundamental terms and conditions of the permits themselves, but rather the specific dates on which access is restricted. This legislative amendment is a Commonwealth instrument, exercising powers under the Defence Act 1903 to manage sensitive military areas. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016-2017 Amendment No.1 specifies the exclusion periods for permit holders entering the Woomera Prohibited Area, removing certain periods from August to September 2016 and August to June 2017. The remaining exclusion periods are meticulously outlined in the amendment. Notably, this amendment does not require consultation as it pertains to an administrative process, and it is compatible with human rights, having no adverse impact on any individual's rights. The amendment took effect on the day following its registration, ensuring that permit holders are promptly informed of the changes.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016-2017 Amendment No. 1, under the Defence Act 1903, provides for the amendment of the exclusion periods for the Amber Zones within the Woomera Prohibited Area for the financial year 2016-2017. The primary operative sections of this legislation are section 8(1) and Attachment 1, which detail the amendment made to the original determination issued on 23 March 2016. Section 8(1) grants the Minister for Defence the power to determine exclusion periods for Amber Zones 1 and 2 within the Woomera Prohibited Area for a financial year. The amendment removes specific exclusion periods, allowing permit holders to enter the Woomera Prohibited Area during previously restricted dates. This Act imposes specific obligations on permit holders who must adhere to the determined exclusion periods. Permit holders are required to ensure they do not enter the Amber Zones during the specified exclusion periods unless otherwise authorised. The amendment requires that permit holders remain compliant with the new exclusion periods, particularly those that have been altered or removed. The Act also places an obligation on the Minister for Defence to periodically review and adjust the exclusion periods as necessary, ensuring that the interests of national security and safety are maintained. Failure to comply with the exclusion periods set out in the Woomera Prohibited Area Rule 2014 may result in various civil and criminal consequences. Specifically, unauthorised entry into the Amber Zones during exclusion periods could be considered a breach of the Defence Act 1903. The penalties for such breaches can include fines and imprisonment, depending on the severity of the offence. The exact penalties are not specified in the provided text, but under the general provisions of the Defence Act, significant penalties could be imposed to ensure compliance and protect national security interests.