Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2017 – 2018 Amendment No.4

Administered by Department of Defence

Legislation au F2018L00595 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.4

 

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.4

 

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.4

 

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, 3 December 2017 and 21 February 2018 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.4 will further vary the Determination by removing the exclusion periods for Amber Zone 2 as set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

3 June 2018 – 9 June 2018

Amber Zone 2

10 June 2018 – 16 June 2018

Amber Zone 2

17 June 2018 – 23 June 2018

Amber Zone 2

24 June 2018 – 30 June 2018

Amber Zone 2

 

 

The cancellation of these exclusion periods will allow permit holders to access Amber Zone 2 from 3 June 2018 to 30 June 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.4

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.

 

This Determination sets 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.4 amends the Determination by removing the exclusion periods for Amber Zone 2 set out in the table below.

 

Exclusion Period

Zone to which the Exclusion Period applies

3 June 2018 – 9 June 2018

Amber Zone 2

10 June 2018 – 16 June 2018

Amber Zone 2

17 June 2018 – 23 June 2018

Amber Zone 2

24 June 2018 – 30 June 2018

Amber Zone 2


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 2 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, enacted by the Parliament of Australia, is a fundamental piece of legislation governing the administration and regulation of defence-related matters, including the establishment of prohibited areas. The Woomera Prohibited Area Rule 2014, made under the Defence Act 1903, provides the legal framework for controlling access to certain areas within the Woomera Prohibited Area. One aspect of this regulation is the determination of exclusion periods for different zones within the area, to ensure safety and security while balancing access 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. 4, issued by the Minister for Defence, represents the fourth amendment to the exclusion periods for the financial year in question. The amendment seeks to modify the exclusion periods for Amber Zone 2, removing previously set restrictions and allowing permit holders to access the area during the specified periods. The purpose of this amendment is to streamline access to the Woomera Prohibited Area while maintaining necessary security measures. The policy objective is to ensure the efficient and safe administration of the Woomera Prohibited Area, taking into account the rights of permit holders and the need to protect sensitive areas.

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.4 applies to individuals and entities holding a permit issued under the Woomera Prohibited Area Rule 2014, specifically those requiring access to the Amber Zones within the Woomera Prohibited Area. The Act operates within the Commonwealth jurisdiction and its provisions extend to permit holders who must adhere to the exclusion periods set out in the rule. The amendment process allows for the exclusion periods to be varied, and this particular amendment removes previously established exclusion periods for Amber Zone 2. As this is a legislative instrument, it is subject to the powers of repeal, rescission, revocation, amendment, or variation under the Legislation Act 2003 and Acts Interpretation Act 1901. No consultation was undertaken for this amendment, given its administrative nature and minimal alteration of existing arrangements. The amendment takes effect from the day after registration.

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.4 (section 8(1)) provide that the Minister for Defence may, by legislative instrument, determine the exclusion periods for Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for a financial year. This amendment further varies the exclusion periods by removing the exclusion periods for Amber Zone 2. The amendment specifies the dates when permit holders are allowed access to Amber Zone 2 during the financial year 2017-2018. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the management and control of access to specific areas within the Woomera Prohibited Area. Permit holders must adhere to the exclusion periods set out in the Determination and any subsequent amendments. They are required to ensure that they do not enter Amber Zone 2 during the specified exclusion periods unless otherwise authorised. The Act also mandates that the Minister for Defence, or their delegate, must determine and communicate any changes to the exclusion periods through legislative instruments. The amendment does not introduce any new offences, penalties, or civil/criminal consequences for breach. However, any breach of the exclusion periods set out in the Determination, including the amended periods, may result in the permit being revoked or other administrative actions being taken. It is important for permit holders to strictly adhere to the exclusion periods to avoid any potential repercussions. The amendment is aimed at providing clarity and removing unnecessary restrictions on access to Amber Zone 2, thereby facilitating smoother operations within the Woomera Prohibited Area.

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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.