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

Overview

The Defence Act 1903 was enacted to establish the framework for the Australian Defence Force and to provide for the control and management of defence land and assets, including the Woomera Prohibited Area. The Act aimed to address the need for stringent controls on areas designated for defence purposes, ensuring the security and operational efficiency of military activities. The Woomera Prohibited Area Rule 2014, which falls under the purview of the Defence Act, was introduced to manage access to sensitive areas within the Woomera Prohibited Area, particularly the Amber Zones, through the establishment of exclusion periods. The 2016 amendment to the Woomera Prohibited Area Rule 2014, enacted by the Minister for Defence, adjusted the exclusion periods for Amber Zone 1 and Amber Zone 2 for the financial year 2016-2017. This amendment aimed to streamline access to these areas by removing certain exclusion periods, facilitating better management and use of the land while maintaining necessary security measures. The amendment was made without consultation, as it was considered an administrative process for the specified financial year, and it came into effect upon registration. The accompanying statement of compatibility with human rights affirmed that the amendment did not adversely affect any recognised human rights and freedoms.

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. 2 applies to the Woomera Prohibited Area, specifically to the exclusion periods set for permit holders entering Amber Zone 1 and Amber Zone 2. This legislation pertains to individuals who hold permits issued under the Woomera Prohibited Area Rule 2014. The Act operates within the jurisdiction of the Commonwealth of Australia, as it falls under the Defence Act 1903, administered by the Minister for Defence. The amendment to the exclusion periods effectively removes certain dates during the specified financial year, allowing greater access to the Woomera Prohibited Area. The amendment does not explicitly state any exclusions, exemptions, or thresholds beyond the specified exclusion periods. The Minister for Defence has delegated the power to determine these exclusion periods, and this authority may be further extended or restricted through subordinate instruments as needed.

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.2 (the "Amendment") specifies the dates during which permit holders are excluded from entering Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for the financial year 2016-2017. The Amendment removes exclusion periods that were previously set from 30 October 2016 to 10 December 2016 for Amber Zone 1 and from 30 October 2016 to 19 November 2016 for Amber Zone 2, thereby permitting entry during these dates. The remaining exclusion periods for the financial year 2016-2017 are listed in Attachment 1 to the Amendment. The Amendment imposes specific obligations on permit holders under the Woomera Prohibited Area Rule 2014, requiring them to adhere to the exclusion periods specified for each zone. Permit holders must ensure they do not enter the designated zones during the specified exclusion periods unless exempted. Failure to comply with these requirements could result in legal consequences under the Defence Act 1903. Under the Defence Act 1903, there are potential penalties for breaches of the Woomera Prohibited Area Rule 2014. Section 127 of the Act imposes a penalty for unauthorised entry into a prohibited area, which includes the Amber Zones. The maximum penalty for such an offence is imprisonment for five years or a fine of 5,000 penalty units, or both. Additionally, Section 128 of the Act imposes a penalty for contravening any condition of a permit, which could also apply if a permit holder fails to adhere to the exclusion periods specified in the Amendment. The penalty for this offence is imprisonment for two years or a fine of 1,000 penalty units, or both. The Amendment also includes a Statement of Compatibility with Human Rights, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. This Statement asserts that the Amendment is compatible with the human rights and freedoms recognised in the international instruments listed in the Act. It concludes that the Amendment does not engage any applicable rights or freedoms and has a beneficial effect by removing restrictions on access to the Woomera Prohibited Area. Therefore, the Amendment is considered compatible with human rights as it does not raise any human rights issues.