Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for June 2017 Amendment No.1

Overview

The Defence Act 1903 was enacted to provide for the management and regulation of defence activities and areas in Australia. The Woomera Prohibited Area Rule 2014 was introduced to specifically address the need for regulating access to the Woomera Prohibited Area, particularly in relation to the Green Zone within this area. This was to ensure safety and security in a region used for significant defence activities. The enactment of this Rule falls under the authority of the Australian Parliament. The policy objective of the Woomera Prohibited Area Rule 2014 is to manage and control access to sensitive areas within the Woomera Prohibited Area to safeguard national security and public safety. The Rule allows the Minister for Defence to determine exclusion periods for permit holders to enter the Green Zone, thereby managing the flow of personnel and mitigating potential risks associated with defence activities.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for June 2017 Amendment No.1 applies to permit holders under the Woomera Prohibited Area Rule 2014, specifically to the Green Zone within the Woomera Prohibited Area. The Minister for Defence has delegated the power to determine these exclusion periods, which are intended to specify the dates during which permit holders are excluded from the Green Zone. The Amendment No.1 to this determination modifies the original ruling by limiting the parts of the Green Zone to which the exclusion period applies. This legislative instrument operates within the Commonwealth jurisdiction and is applicable solely within the Woomera Prohibited Area in South Australia. There are no stated exclusions, exemptions, or thresholds within the Determination itself, although the underlying rule may have specific conditions and limitations that apply generally to permit holders. The power to make such determinations extends through subordinate instruments, allowing for the annual amendment of exclusion periods as necessary.

Key Provisions

The Woomera Prohibited Area Rule 2014, particularly its subsection 8(1), allows the Minister for Defence to determine the exclusion periods for the Green Zone within the Woomera Prohibited Area for any financial year. This power has been delegated to relevant authorities, who have exercised it by determining specific exclusion periods for permit holders. For instance, the "Determination of Exclusion Periods for the Green Zone for June 2017 Amendment No.1" amends an earlier determination by limiting the parts of the Green Zone to which the exclusion period applies. These periods are crucial as they dictate when permit holders are prohibited from entering the Green Zone. The obligations imposed by the Woomera Prohibited Area Rule 2014 and its amendments are primarily administrative. Permit holders must adhere to the specified exclusion periods, ensuring they do not enter the Green Zone during the times defined in the determination. Authorities responsible for enforcing these rules must ensure that the exclusion periods are clearly communicated to permit holders and that they monitor compliance effectively. Additionally, the Rule mandates that a Statement of Compatibility with Human Rights be prepared and that this statement be in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the legislative instrument does not infringe on any human rights. Failure to comply with the exclusion periods set out in the determination may result in civil or criminal consequences, depending on the severity of the breach. While the specific penalties are not detailed in the provided text, it is common under Australian law for breaches of such legislative instruments to incur fines or other legal repercussions. The exact nature and severity of these penalties would typically be outlined in the primary legislation or subsequent regulations. The legal framework ensures that permit holders are aware of their obligations and the consequences of non-compliance, thereby maintaining the security and operational integrity of the Woomera Prohibited Area.