Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1

Administered by Department of Defence

Legislation au F2023L01463 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Defence

Defence Act 1903

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 2023-2024 Amendment Determination No.1

 

Authority

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1 (the Amendment Determination) is made under subsection 8(1) of the Woomera Prohibited Area Rule 2014.

 

Subsection 8(1) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence (the Minister) may, by legislative instrument, determine the exclusion periods for Amber Zone 1, Amber Zone 2 and the Green Zone in the Woomera Prohibited Area (WPA) for a financial year. 

 

Under subsection 63(2) of the Woomera Prohibited Area Rule 2014 the Minister can delegate the power to determine exclusion periods for a financial year to a range of officials, including to an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, within the Department of Defence. The Minister has delegated this power to the Director of the Woomera Prohibited Area Coordination Office.

 

In accordance with paragraph 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.

 

 

Purpose and Operation

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 (the Determination) set out the exclusion periods that apply to Amber Zone 1 and Amber Zone 2 in the Woomera Prohibited Area for Financial Year 2023-2024.

 

The exclusion periods specified in the Determination are 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.

 

The purpose of this Amendment Determination is to amend the Determination to omit certain exclusion period dates for Amber Zone 2.

 

This Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of this Amendment Determination are set out in Attachment A.

 

Impact Analysis

The Office of Impact Analysis advised that no impact analysis is required (OIA23-05946).

 

Consultation

Defence consulted on the general principles of exclusion 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 changes to 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 Determination.

 

Commencement

This Amendment Determination commences on the day after registration.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, is set out at Attachment B.

 

 

 


Attachment A

 

Details of the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024  Amendment Determination No.1

 

Section 1 - Name

 

Section 1 provides that the name of the legislative instrument is the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1 (the Amendment Determination).

 

Section 2 - Commencement

 

Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

Section 3 provides that the legislative authority for making the Amendment Determination is subsection 8(1) of the Woomera Prohibited Area Rule 2014.

 

Section 4 - Zones

 

Section 4 provides that the area described as Amber Zone 2 is set out in section 6 of the Woomera Prohibited Area Rule 2014.

 

Section 5 - Schedule

 

Section 5 provides for a Schedule to the Amendment Determination, to include amendments to the Determination.

 

Schedule 1 - Amendments

Schedule 1 specifies the amendments to the Determination. In particular, it outlines that certain dates should be omitted from the exclusion period for Amber Zone 2.  

 

 

 

 


Attachment B

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 2023-2024 Amendment Determination No.1

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1 (Amendment Determination) made under subsection 8(1) of 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 Determination

On 27 March 2023, the delegate, exercising the power of the Minister for Defence, made the Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 (the Determination), pursuant to subsection 8(1) of the Woomera Prohibited Area Rule 2014. 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 2023-2024.

 

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment No.1 amends the Determination by omitting certain exclusion periods for Amber Zone 2.

 

Human Rights Implications

The Amendment Determination is likely to engage the following human rights:

  • the freedom of movement in Article 12 of the International Covenant on Civil and Political Rights (ICCPR);
  • the right to work under Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
  • the right to the enjoyment of just and favourable conditions of work under Article 7 of ICESCR;
  • the right to enjoy and benefit from culture in Article 27 ICCPR; and
  • the right to take part in cultural life under Article 15 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 2023-2024 described how that Determination would likely impact the human rights listed above. In particular it noted that, certain limitations on freedom of movement, the right to work and the right to enjoy and benefit from culture in the WPA were reasonable, necessary and proportionate to achieving legitimate objectives.

The Amendment Determination will remove some of the existing limitations on permit holders’ access rights to the Woomera Prohibited Area. In particular, people with a permit to access Amber Zone 2 within the Woomera Prohibited Area will no longer be subject to exclusions and restrictions during the periods specified in the Amendment Determination. Accordingly, from a human rights perspective, the Amendment Determination will reduce the existing impact of the Determination.

Conclusion

The Determination was previously assessed to be compatible with international human rights, as, to the extent that it limited human rights, those limitations were reasonable, necessary and proportionate. The current Amendment Determination is also compatible with international human rights, as it reduces the existing impact of the Determination upon individual rights and freedoms.

 

Overview

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1 was enacted to address the need for flexibility in managing access to specific zones within the Woomera Prohibited Area. This Amendment Determination, made under the authority of the Defence Act 1903, was introduced to modify the exclusion periods for Amber Zone 2, thereby providing a reduction in restrictions for permit holders. The enactment of this Amendment Determination is attributed to the Minister for Defence, who has delegated the power to determine these exclusion periods to the Director of the Woomera Prohibited Area Coordination Office. The primary objective of this Amendment Determination is to enhance access to certain zones within the Woomera Prohibited Area by reducing the number of exclusion days for permit holders, thereby mitigating the impact on affected persons. This legislative instrument aims to ensure that the restrictions imposed are proportionate and necessary for the legitimate objectives of the Woomera Prohibited Area.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1 (Amendment Determination) is a legislative instrument made under the Defence Act 1903, specifically subsection 8(1) of the Woomera Prohibited Area Rule 2014, and it applies to the Woomera Prohibited Area in South Australia. The Amendment Determination is concerned with adjusting the exclusion periods for Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for the financial year 2023-2024. The primary purpose of this Amendment Determination is to modify the previously set exclusion periods, thereby altering the dates on which permit holders are barred from entering these zones. This change is intended to lessen the restrictions imposed on individuals with permits to access Amber Zone 2, thereby reducing the impact of exclusion periods on their activities. The Minister for Defence, through delegation, retains the authority to make such adjustments, and this authority can be exercised by the Director of the Woomera Prohibited Area Coordination Office or an equivalent authorised official. The Amendment Determination is designed to be operational from the day following its registration, and it includes a Statement of Compatibility with Human Rights, affirming its alignment with the human rights standards outlined in international instruments.

Key Provisions

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 Amendment Determination No.1, made under subsection 8(1) of the Woomera Prohibited Area Rule 2014, sets out specific amendments to the exclusion periods that apply to Amber Zone 1 and Amber Zone 2 within the Woomera Prohibited Area for the financial year 2023-2024. This legislative instrument is designed to modify the previously determined exclusion periods for Amber Zone 2 by omitting certain dates, thereby adjusting access to the area for permit holders. The determination of these periods is crucial as it directly affects the ability of permit holders to access certain zones within the Woomera Prohibited Area, balancing security and operational needs with the rights of individuals and businesses. Under this Amendment Determination, permit holders for Amber Zone 2 are granted additional access during the financial year 2023-2024. Specifically, the Amendment Determination removes specific exclusion periods for Amber Zone 2, which means that permit holders will no longer be excluded from entering this zone on the dates previously stipulated. This change is aimed at reducing the impact of exclusion periods on those who hold permits, providing them with more flexibility and access to the area. The determination also reinforces the authority of the Minister for Defence to make such amendments, highlighting the importance of the exclusion periods in maintaining the operational integrity of the Woomera Prohibited Area. The obligations and requirements imposed by this Amendment Determination are primarily centred on the adjustment of exclusion periods for Amber Zone 2. Permit holders must comply with the new exclusion periods outlined in the Amendment Determination. This includes adhering to the dates when access is permitted and avoiding entry into Amber Zone 2 on the dates that have been omitted from the exclusion period. Additionally, the Amendment Determination mandates that Defence consult with directly affected parties, such as pastoralists, traditional owners, and miners, to ensure they are aware of the changes to the exclusion periods. This consultation is essential to mitigate any potential adverse effects on these stakeholders and to ensure that the amendment aligns with broader operational objectives. For breaches of the provisions outlined in the Amendment Determination, there are no explicit penalties or consequences stated within the text. However, non-compliance with the exclusion periods could potentially lead to civil or administrative actions, as the Determination is a legislative instrument under the Legislation Act 2003. Permit holders who fail to adhere to the specified exclusion periods may face restrictions on their permits, denial of access to the Woomera Prohibited Area, or other administrative penalties as deemed appropriate by the relevant authorities. The absence of specific penalties in the text suggests that enforcement actions would be guided by broader legislative frameworks and Defence policies.

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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.