Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 - 2018 Amendment No.1

Administered by Department of Defence

Legislation au F2017L00342 Not in force Legislative Instrument

Legislation content

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 2017 -2018 Amendment No.1

 

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 2017 -2018 Amendment No.1

 

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 2017 -2018 Amendment No.1

 

The Determination dated 20 March 2017 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 2017 -2018.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 Amendment No.1 amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing the exclusion periods in the table below:

 

2 July 2017 – 8 July 2017

Amber Zone 1

9 July 2017 – 15 July 2017

Amber Zone 1

2 July 2017 – 8 July 2017

Amber Zone 2

9 July 2017 – 15 July 2017

Amber Zone 2

 

 

The amendment will insert the following exclusion periods as exclusion periods:

 

1 July 2017 – 7 July 2017

Amber Zone 1

8 July 2017 – 14 July 2017

Amber Zone 1

1 July 2017 – 7 July 2017

Amber Zone 2

8 July 2017 – 14 July 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 2017 -2018 Amendment No.1

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 20 March 2017 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 2017 -2018.

 

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 2017 -2018.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 Amendment No.1 amends the exclusion periods for Amber Zone 1 and Amber Zone 2 by removing all of the exclusion periods between 2 July 2017 – 15 July 2017 for Amber Zone 1 and Amber Zone 2 and inserts the exclusion periods 1 July 2017 – 7 July 2017 and 8 July 2017 – 14 July 2017.

 

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.

John Anderson, 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 2017-2018 Amendment No. 1 was enacted by the Minister for Defence, as delegated by subsection 8(1) of the Woomera Prohibited Area Rule 2014, to adjust the exclusion periods for access to specific areas within the Woomera Prohibited Area. This amendment aims to modify the previously determined exclusion periods for the financial year 2017-2018, thereby impacting the schedule for permit holders' access to Amber Zone 1 and Amber Zone 2. The change involves removing certain exclusion periods and inserting new ones, as detailed in Attachment 1 of the explanatory statement. The amendment does not require consultation, as it pertains to an administrative process specific to the financial year, and it was not considered to impact any human rights or freedoms, as evidenced by the Statement of Compatibility with Human Rights in Attachment 2.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017-2018 Amendment No.1 applies to permit holders within the Woomera Prohibited Area, which is a Commonwealth-managed area. This legislation modifies the exclusion periods that permit holders are subject to for entering Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area. The amendment removes previously specified exclusion periods and introduces new exclusion periods for the financial year 2017-2018, which are designed to manage access to these sensitive areas while balancing operational needs. The amendment does not extend beyond the specified exclusion periods and is confined to administrative adjustments within the Woomera Prohibited Area. The legislative instrument does not specify any exemptions or exclusions beyond the scope of the amended exclusion periods. The amendment was made without requiring consultation, as it is deemed an internal administrative process. The changes came into effect on the day after the amendment's registration.

Key Provisions

The Woomera Prohibited Area Rule 2014, as amended by the Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017-2018 Amendment No.1, outlines specific dates during which permit holders are prohibited from entering Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area. As per section 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence, or their delegate, determines these exclusion periods annually. The amendment, dated 20 March 2017, modifies the previously established exclusion periods by removing certain dates between 2 July 2017 and 15 July 2017 for both Amber Zone 1 and Amber Zone 2. Instead, it introduces new exclusion periods from 1 July 2017 to 7 July 2017 and from 8 July 2017 to 14 July 2017 for the same zones. Permit holders and other relevant parties governed by the Woomera Prohibited Area Rule 2014 must adhere to the newly defined exclusion periods. This includes ensuring that they do not enter Amber Zone 1 or Amber Zone 2 during the specified dates unless expressly permitted. The amendment effectively changes the administrative framework for managing access to these zones, necessitating compliance with the updated dates to avoid any legal repercussions. The Woomera Prohibited Area Rule 2014 does not explicitly state penalties for breaching the exclusion periods within the provided text. However, given the nature of such regulations, it is reasonable to infer that non-compliance could result in legal consequences. Typically, breaches of conditions set by the Minister for Defence could lead to civil or criminal penalties, depending on the severity and intent behind the breach. The exact penalties would be governed by other applicable laws and regulations, which might include fines, imprisonment, or other administrative actions. It is crucial for permit holders to stay informed about these periods to avoid any unintended violations.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Prohibited Conduct

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.