Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for July 2017

Overview

The Defence Act 1903, as amended, provides the legal framework for the management of the Woomera Prohibited Area, including the Green Zone, through the Woomera Prohibited Area Rule 2014. This Act was enacted to address the need for stringent control over access to specific areas within the Woomera Prohibited Area, ensuring national security and the safety of personnel and activities within these zones. The Woomera Prohibited Area Rule 2014 allows the Minister for Defence to delegate the power to determine exclusion periods for the Green Zone, thereby managing access in an administrative manner. The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for July 2017 was introduced to specify the periods during which permit holders are excluded from entering the Green Zone, as mandated by the legislation. This legislative instrument was issued under the authority of the Minister for Defence, who has delegated the power to determine these exclusion periods, reflecting a policy objective to efficiently manage and regulate access to the Woomera Prohibited Area.

Scope and Application

The Woomera Prohibited Area Rule 2014 applies to the Woomera Prohibited Area, specifically designating the Green Zone within this area, and governs the exclusion periods during which permit holders are barred from entering this zone. The rule is applicable to individuals and entities holding permits under the Woomera Prohibited Area Rule 2014, and it operates within the jurisdictional framework of the Commonwealth of Australia. The rule allows the Minister for Defence to determine up to eight seven-day periods annually as exclusion periods, a power that has been delegated to a subordinate authority. These exclusion periods are intended to manage access to the Green Zone for operational or safety reasons, as detailed in the Determination of Exclusion Periods for the Green Zone for July 2017. This legislative instrument, which includes a statement of compatibility with human rights, comes into effect post-registration and does not require consultation as it pertains to an administrative process for each financial year. The rule does not specify any exclusions, exemptions, or thresholds beyond those outlined in the determination of the exclusion periods.

Key Provisions

The Woomera Prohibited Area Rule 2014 allows the Minister for Defence to determine up to eight periods of seven days each year as exclusion periods for the Green Zone within the Woomera Prohibited Area (subsection 8(1)). This power has been delegated, enabling the specified exclusion periods for the Green Zone in July 2017 to be set out in Attachment 1 of the Determination. The Determination specifies the dates during which permit holders are prohibited from entering the Green Zone, in line with the provisions of the Woomera Prohibited Area Rule 2014. The Woomera Prohibited Area Rule 2014 imposes specific obligations on permit holders, requiring them to adhere to the exclusion periods designated by the Determination. These periods are clearly defined in Attachment 1, and failure to comply can result in legal consequences. The Act also mandates that a permit does not authorise a person to be present in a zone during an exclusion period, as stated in section 10 of the Rule. Therefore, any entry into the Green Zone during the specified exclusion periods would be unauthorised. Under the Woomera Prohibited Area Rule 2014, any breach of the exclusion periods outlined in the Determination can result in civil or criminal penalties. The Act does not specify the exact penalties but implies that unauthorised entry during exclusion periods would be subject to the relevant legal consequences. This could involve fines or other sanctions as determined by the applicable laws. The Determination includes a Statement of Compatibility with Human Rights, which asserts that the Determination does not infringe on any recognised human rights, ensuring its compliance with the Human Rights (Parliamentary Scrutiny) Act 2011.