Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 – 2018 Amendment No.3

Administered by Department of Defence

Legislation au F2018L00138 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.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.

 

During a financial year, exclusion periods determined by legislative instrument may be amended to vary access to zones within the Woomera Prohibited Area in accordance with subsection 13(1)(a) of the Legislation Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901.  This subsection of the Acts Interpretation Act provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 Amendment No.3

 

Details of the Amendment are set out in Attachment 1.

 

Consultation

 

Consultation was not undertaken in relation to this amendment on the basis that the determination of exclusion periods is an administrative process that is machinery in nature undertaken for each financial year.  The amendment does not substantially alter existing arrangements.

 

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.3

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 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.

 

This Determination was amended by instruments dated 29 March 2017 and 3 December 2017 which varied the exclusion periods for Amber Zones 1 and 2. 

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 Amendment No.3 will further vary the Determination by removing the exclusion periods for Amber Zone 1 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

25 February 2018 – 3 March 2018

Amber Zone 1

4 March 2018 – 10 March 2018

Amber Zone 1

11 March 2018 – 17 March 2018

Amber Zone 1

18 March 2018 – 24 March 2018

Amber Zone 1

25 March 2018 – 31 March 2018

Amber Zone 1

 

 

The cancellation of these exclusion periods will allow permit holders to access Amber Zone 1 from 25 February 2018 to 31 March 2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.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

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 -2018 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 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 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.3 amends the Determination by removing the exclusion periods for Amber Zone 1 set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

25 February 2018 – 3 March 2018

Amber Zone 1

4 March 2018 – 10 March 2018

Amber Zone 1

11 March 2018 – 17 March 2018

Amber Zone 1

18 March 2018 – 24 March 2018

Amber Zone 1

25 March 2018 – 31 March 2018

Amber Zone 1

 


Human rights implications

This amendment does not engage any of the applicable rights or freedoms and is considered to have a beneficial effect as it removes restrictions on access to the Woomera Prohibited Area.  Those people with a permit to access Amber Zone 1 within the Woomera Prohibited Area will no longer be subject to exclusions and restrictions on their access during the periods set out in the table above.

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 Defence Act 1903 was enacted to establish the framework for the Australian Defence Force and manage the defence of Australia. The Act aims to ensure the safety and security of Australia by providing for the maintenance and management of defence forces. The Woomera Prohibited Area Rule 2014 was introduced as part of the Defence Act 1903 to regulate access to the Woomera Prohibited Area, which is a significant area of national security interest. This legislation allows the Minister for Defence to determine exclusion periods for certain zones within the Woomera Prohibited Area, ensuring controlled and secure access. The power to determine these exclusion periods has been delegated to the Minister, who exercises this authority through legislative instruments. This amendment, specifically 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.3, was made by the Minister for Defence to adjust the exclusion periods for the financial year in question. The amendment seeks to vary the access to certain zones within the Woomera Prohibited Area, ensuring that the regulations remain aligned with the operational needs of the area while facilitating necessary activities. The amendment was not subject to consultation as it is considered an administrative process integral to the annual management of the Woomera Prohibited Area. This amendment is compatible with human rights as it does not engage any applicable rights or freedoms and instead aims to remove unnecessary restrictions on permit holders.

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. 3 applies to permit holders within the Woomera Prohibited Area, specifically those who hold permits that allow access to the Amber Zones. This amendment, which is an administrative process undertaken annually, pertains to the exclusion periods that dictate when permit holders can or cannot access certain zones within the area. The exclusion periods for Amber Zone 1 have been removed, thereby allowing permit holders unrestricted access to this zone from 25 February 2018 to 31 March 2018. This amendment is made under the authority of the Minister for Defence, who has delegated the power to determine these exclusion periods. The amendment operates within the Commonwealth jurisdiction and is compatible with human rights as it does not infringe upon any rights or freedoms, but rather facilitates easier access to the area for permit holders.

Key Provisions

The main operative sections 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.3 (subsection 8(1)) allow the Minister for Defence to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for a financial year. This instrument further amends the exclusion periods by removing certain dates where permit holders are barred from entering Amber Zone 1, thus expanding their access to this area. The amendment is made under the authority delegated by the Minister for Defence. The obligations imposed by this Act include ensuring that the exclusion periods for the specified zones are accurately set out and communicated to permit holders. The Act requires that the exclusion periods are adjusted in accordance with the provisions of the Legislation Act 2003 and the Acts Interpretation Act 1901, which allow for the amendment, repeal, or revocation of such instruments. This ensures that the exclusion periods are updated to reflect any changes in policy or operational requirements. 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.3 does not specify any offences or penalties for breach. However, failure to adhere to the exclusion periods could result in permit holders being denied access to the specified zones, potentially leading to operational disruptions or legal consequences if they unlawfully enter restricted areas. The Act implicitly enforces compliance by clearly defining the periods during which entry is not permitted and providing a mechanism for amendment. 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.3 aims to provide clarity and flexibility in managing access to the Woomera Prohibited Area. By removing certain exclusion periods, the amendment seeks to enhance operational efficiency and reduce unnecessary restrictions on permit holders. This amendment ensures that the exclusion periods are in line with the administrative and operational needs of the Defence Act 1903 and its subsidiary rules.

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