Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019 – 2020 Amendment No.1

Administered by Department of Defence

Legislation au F2019L01495 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 2019-2020 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.

 

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 2019-2020 Amendment No.1

 

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 2019-2020 Amendment No.1

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-20120 dated 18 March 2019 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 2019-2020.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-2020 Amendment No.1 will vary 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

26 November 2019 – 2 December 2019

Amber Zone 2

3 December 2019 – 9 December 2019

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 2019-2020 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

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-2020 made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by the delegate to determine the exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2019-2020.

 

This 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 2019-2020.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-2020 Amendment No.1 amends the Determination by removing the exclusion periods for Amber Zone 2 set out in the Schedule to the Determination.

Human rights implications

This amendment does not engage any of the applicable rights or freedoms specified in the compatibility statement for the original determination.  This amendment 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 specified in the Determination.

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 Commonwealth Parliament, provides the legislative framework for the management of Defence land and the regulation of activities within Defence areas, including the Woomera Prohibited Area. The Act aims to ensure the security, efficiency, and effectiveness of Defence operations while balancing the need for public access and use of Defence land. The Woomera Prohibited Area Rule 2014, made under the Defence Act, specifically governs access to and activities within the Woomera Prohibited Area in South Australia, which includes sensitive and restricted areas due to its military significance. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-2020 Amendment No.1 was introduced to amend the previously determined exclusion periods for Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for the financial year 2019-2020. This amendment removes specific exclusion periods for Amber Zone 2, thereby increasing accessibility for permit holders during those periods. The policy objective is to streamline access management within the Woomera Prohibited Area, ensuring that security requirements are met while facilitating necessary activities and reducing unnecessary restrictions on authorised individuals.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2019-2020 Amendment No.1, issued under the Defence Act 1903, amends the exclusion periods for the specified zones within the Woomera Prohibited Area for the financial year 2019-2020. This amendment applies to permit holders who are granted access to the Woomera Prohibited Area, specifically addressing the exclusion periods for Amber Zone 2. The amendment operates within the jurisdictional reach of the Commonwealth of Australia, as it is a legislative instrument under the Defence Act 1903. The exclusion periods for Amber Zone 1 remain unaffected by this amendment. The amendment's commencement date is the day following its registration. Notably, no consultation was undertaken for this amendment, as it pertains to an administrative process that does not substantially alter existing arrangements. The amendment is compatible with human rights, as it does not engage any of the applicable rights or freedoms specified in the compatibility statement for the original determination.

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 2019-2020 Amendment No.1 (subsection 8(1)) allow the Minister for Defence, or a delegate, to determine exclusion periods for certain zones within the Woomera Prohibited Area for a financial year. This legislative instrument has been exercised to amend the exclusion periods for Amber Zone 1 and Amber Zone 2 for the financial year 2019-2020 by removing the previously set exclusion periods for Amber Zone 2. This amendment aims to alter access to these zones during the specified financial year, reflecting the administrative adjustments required for the area's management. The obligations and requirements imposed by this Act pertain to the determination and adjustment of exclusion periods within the Woomera Prohibited Area. Permit holders who wish to access Amber Zone 2 must now comply with the amended exclusion periods, which now do not include the previously specified exclusion dates. This amendment ensures that those with the requisite permits can access the area without the previously imposed restrictions, thereby facilitating better access management for authorised personnel during the financial year. Regarding offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly detail such outcomes in the provided explanatory statement. However, failure to adhere to the amended exclusion periods could potentially lead to unauthorised access to restricted areas, which might incur administrative penalties or legal consequences under broader permit conditions or associated regulations. It is crucial for permit holders to remain compliant with the updated exclusion periods to avoid any adverse outcomes that may arise from non-compliance.

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