Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 – 2017 Amendment No. 3

Administered by Department of Defence

Legislation au F2016L02019 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 2016 -2017 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 2016 -2017 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 2016 -2017 Amendment No.3

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 -2017 sets 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 2016 -2017.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 -2017 Amendment No.3 amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing all of the exclusion periods between 26 February 2017 – 25 March 2017 for Amber Zone 1 and the exclusion periods between 26 February 2017 – 11 March 2017 for Amber Zone 2.

 

The removal of these exclusion periods will allow permit holders to enter the Woomera Prohibited Area at these times 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 2016-2017 will be as follows:

 

Remaining Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016–2017

 

 

Exclusion Period

 

 

Zone to which the Exclusion Period applies

14 May 2017 – 20 May 2017

Amber Zone 1

21 May 2017 – 27 May 2017

Amber Zone 1

28 May 2017 – 3 June 2017

Amber Zone 1

4 June 2017 – 10 June 2017

Amber Zone 1

11 June 2017 – 17 June 2017

Amber Zone 1

18 June 2017 – 24 June 2017

Amber Zone 1

25 June 2017 – 30 June 2017

Amber Zone 1

11 June 2017 – 17 June 2017

Amber Zone 2

18 June 2017 – 24 June 2017

Amber Zone 2

25 June 2017 – 30 June 2017

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 2016 -2017 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 exercised the power of the Minister for Defence by her delegate to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2016 -2017.

 

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 2016 -2017.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2016 -2017 Amendment No.3 amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing all of the exclusion periods between 26 February 2017 – 25 March 2017 for Amber Zone 1 and all of the exclusion periods between 26 February 2017 – 11 March 2017 for Amber Zone 2.

 

The removal of these exclusion periods will allow permit holders to enter the Woomera Prohibited Area at this time and as such is and is not adverse to any person‘s rights.

Human rights implications

This amendment does not engage any of the applicable rights or freedoms 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.

Ms Caroline Chalker, Director Woomera Prohibited Area Coordination Office.

 

Overview

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.3, issued under the Defence Act 1903, was enacted to adjust the exclusion periods for entry into specific zones within the Woomera Prohibited Area. This legislative instrument was introduced to address the need for flexibility in managing access to the Woomera Prohibited Area by permit holders. The Minister for Defence, exercising the powers delegated under the Act, determined the amended exclusion periods, which were aimed at facilitating better access to certain zones within the prohibited area while maintaining necessary security protocols. The amendment was not subject to consultation as it was deemed an administrative adjustment, and it came into effect upon registration. A Statement of Compatibility with Human Rights was also provided, confirming that the amendment does not adversely affect any human rights or 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.3 pertains to the exclusion periods for permit holders within the Woomera Prohibited Area, specifically for Amber Zone 1 and Amber Zone 2. The amendment removes certain exclusion periods, allowing permit holders to enter the specified zones during the financial year 2016-2017. The amendment is applicable to the Woomera Prohibited Area and affects permit holders who are required to adhere to the exclusion periods set by the Defence Act 1903. This administrative amendment does not require consultation as it is a routine process for each financial year. The amendment's commencement is effective upon registration, and it has been deemed compatible with human rights, as it does not adversely affect any person’s rights or freedoms. The amendment removes specific exclusion periods for Amber Zone 1 and Amber Zone 2, thereby facilitating easier access to these areas for permit holders.

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.3 (the Amendment) sets out the specific dates during which permit holders are excluded from entering the Amber Zones within the Woomera Prohibited Area for the financial year 2016–2017. Under subsection 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine these exclusion periods by legislative instrument, a power that has been delegated. This Amendment specifies the remaining exclusion periods after the removal of certain periods that previously restricted access to the area. The Amendment imposes obligations on permit holders to comply with the specified exclusion periods, ensuring they do not enter the designated Amber Zones during the times outlined unless they have the appropriate permissions. Permit holders must adhere to these periods to avoid any legal repercussions, as the exclusion periods are legally binding and enforced by the Defence Act 1903. Failure to comply with the exclusion periods may result in legal consequences, including potential revocation of the permit or other administrative actions. Any breaches of the exclusion periods set out in the Amendment can lead to civil or criminal consequences. While the specific penalties are not detailed in the provided text, under the Defence Act 1903, violations of the Woomera Prohibited Area rules can result in fines or imprisonment. The maximum penalties can vary depending on the severity of the breach, but they may include substantial fines and/or imprisonment for repeat or serious violations. The Amendment ensures that permit holders are aware of their obligations and the potential consequences of non-compliance, thereby maintaining the security and integrity of the Woomera Prohibited Area.

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