Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022 - 2023 Amendment No.1

Administered by Department of Defence

Legislation au F2023L00068 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 2022-2023 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 in the Woomera Prohibited Area (WPA) for a financial year. 

 

The Minister has delegated the power to determine exclusion periods for a financial year pursuant to subsection 63(2) of the Woomera Prohibited Area Rule 2014.

 

In accordance with subsection 13(1)(a) of the Legislation Act 2003 and subsection 33(3) of the Acts Interpretation Act 1901 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.

 

Therefore, during a financial year, exclusion periods determined by legislative instrument may be amended to vary access to zones within the Woomera Prohibited Area.

 

Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1

 

Details of the Amendment are set out in Attachment 1.

 

Consultation

 

Defence consulted on the general principles of exclusions periods in the WPA as part of the introduction of the Woomera Prohibited Area Rule 2014. Through this process, the persons who are directly affected by the exclusion periods were given the opportunity to comment on the Minister’s power to determine exclusion periods, including detailing the direct or indirect impact an exclusion period would have on them or their business.

 

Additionally, Defence contacts those people who will be directly affected by the exclusion periods, including pastoralists, traditional owners and miners, when the exclusion period approaches.

 

As a result of the above, and on the basis that the amendment reduces the potential impact that exclusion periods have on affected persons by reducing the number of days that persons may be excluded from the WPA, specific consultation was not undertaken at the time of making this amendment.

 

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 2022-2023  Amendment No.1

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 dated 10 March 2022 (the Determination) 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 2022-2023.

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1 (the amendment Determination) will amend 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

20 February 2023 – 26 February 2023

Amber Zone 2

27 February 2023 – 5 March 2023

Amber Zone 2

6 March 2023 – 12 March 2023

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

Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 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 Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 made on 10 March 2022 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 2022-2023.

 

The Determination set out the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 would be excluded from entering Amber Zone 1 and Amber Zone 2 during financial year 2022-2023.

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1 amends the Determination by omitting certain exclusion periods for Amber Zone 2 as set out in the Schedule to the amendment Determination.

 

Human Rights Implications

This instrument engages the following human rights:

  • Freedom of Movement – Article 12 of the International Covenant on Civil and Political Rights (ICCPR)
  • The right to work and the right to just and favourable working conditions – the International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • The right to enjoy and benefit from culture – ICCPR and the right to take part in cultural life – ICESCR

The Statement of Compatibility with Human Rights for the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 described how that legislative instrument would likely have limited the above human rights. By amending that Legislative Instrument to omit the identified exclusion periods for Amber Zone 2, this legislative instrument positively affects those rights by reducing the times when those limitations will apply.

In particular, 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 this amendment to the Determination.

Conclusion

This legislative instrument is compatible with human rights as it promotes the protection of human rights by amending a legislative instrument to reduce limitations on human rights. 

Tracee Martin, Director Woomera Prohibited Area Coordination Office

27 January 2023

Overview

The Defence Act 1903, enacted by the Australian Parliament, governs the administration of the Australian Defence Force and related activities. This Act provides the framework for the regulation of prohibited areas such as the Woomera Prohibited Area (WPA), which requires specific controls due to its strategic importance and potential hazards. The Woomera Prohibited Area Rule 2014, made under the Defence Act, further delineates the regulatory requirements within the WPA, including the establishment of Amber Zones that necessitate controlled access. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1, issued under the authority of the Minister for Defence, addresses the need to adjust access restrictions to these zones to mitigate adverse impacts on stakeholders while maintaining necessary security protocols. The policy objective of this amendment is to reduce the number of days that permit holders are excluded from accessing certain zones within the WPA, thereby lessening the disruption to their activities and promoting a balance between security requirements and operational needs.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1 applies specifically to the Woomera Prohibited Area (WPA) within Australia and pertains to exclusion periods for access to Amber Zone 1 and Amber Zone 2 within this area for the financial year 2022-2023. This amendment affects permit holders who are granted access to these zones. The amendment reduces the potential impact on affected persons by decreasing the number of days that individuals may be excluded from the WPA. This amendment is enacted under the Defence Act 1903 and is applicable on a national level within Australia. The amendment does not introduce any exclusions, exemptions, or thresholds beyond those specified in the original Determination, which has been amended to reduce restrictions on access to Amber Zone 2. The application of this Act can be extended or restricted through subordinate instruments as necessary, in accordance with the powers conferred by the Woomera Prohibited Area Rule 2014.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2022-2023 Amendment No.1, issued under the Defence Act 1903, outlines the exclusion periods for the Amber Zones within the Woomera Prohibited Area (WPA) for the financial year 2022-2023. According to subsection 8(1) of the Woomera Prohibited Area Rule 2014, the Minister for Defence has the authority to determine these exclusion periods through legislative instruments. This amendment, detailed in Attachment 1, specifically removes certain exclusion periods for Amber Zone 2, thereby reducing the number of days during which permit holders are barred from entering this zone. This change is intended to lessen the impact of exclusion periods on individuals and businesses operating within or near the WPA. The Act imposes several obligations on parties and entities governed by it. Permit holders under the Woomera Prohibited Area Rule 2014 must adhere to the specified exclusion periods as amended. The Minister for Defence is required to consult with affected parties, including pastoralists, traditional owners, and miners, to ensure they are informed of any changes to exclusion periods. This consultation helps to mitigate the potential impact of exclusion periods on these stakeholders. Furthermore, the Minister must ensure that any legislative instruments made under the Act are compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Any breaches of the provisions set out in the Woomera Prohibited Area Rule 2014 may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, entering a prohibited area during an exclusion period without a valid permit could be considered an offence under the Defence Act 1903. Penalties may include fines, imprisonment, or both, depending on the specific offence and applicable laws. The exact penalties are not detailed in the amendment but would generally follow the penalties outlined in the Defence Act 1903 for unauthorised entry into prohibited areas. Additionally, any failure to comply with consultation requirements may result in administrative consequences, although these are not explicitly detailed in the amendment.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Compliance Obligations
Consultation Requirements
Catchwords
Exclusion Periods

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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.