Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for May 2016

Overview

The Defence Act 1903 was enacted to provide a framework for the administration of the Australian Defence Force and to establish the legal basis for the operation of Defence-related activities. One of the significant aspects of this Act is the establishment of the Woomera Prohibited Area, which is subject to stringent controls due to its strategic importance. The Woomera Prohibited Area Rule 2014 was introduced to manage and regulate activities within this area, specifically addressing the need to control access to sensitive zones. The problem this legislation aimed to address was the requirement for periodic exclusion periods to ensure the safety and security of the area, particularly the Green Zone. The Minister for Defence, in delegating the power to determine these exclusion periods, ensures that the area remains secure and accessible only to authorised personnel during non-exclusion periods. This legislative instrument is a response to the need for precise administrative control over a strategically important site.

Scope and Application

The Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for the Green Zone for May 2016 applies to permit holders within the Woomera Prohibited Area, specifically targeting the Green Zone. This determination sets specific dates in May 2016 during which permit holders are excluded from entering the Green Zone, aligning with subsection 8(1) of the Woomera Prohibited Area Rule 2014. The determination is a legislative instrument under the Legislation Act 2003 and is applicable to any individual or entity holding a permit issued under the Woomera Prohibited Area Rule 2014. The exclusion periods are designated for administrative purposes and are established annually. The determination is part of the Commonwealth’s legislative framework, extending its jurisdiction specifically to the Woomera Prohibited Area as prescribed in section 5 of the Woomera Prohibited Area Rule 2014. The determination does not require consultation as it is considered an internal administrative process. It commences on the day after its registration and includes a statement of compatibility with human rights, asserting that it does not engage any applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this Determination under the Woomera Prohibited Area Rule 2014 (sections 8(1) and 10) provide the Minister for Defence with the authority to determine exclusion periods for the Green Zone within the Woomera Prohibited Area. This power has been delegated, and the Determination sets out specific dates in May 2016 during which permit holders are excluded from entering the Green Zone. This legislative instrument aims to regulate access to sensitive areas within the Woomera Prohibited Area, ensuring that certain zones are off-limits during specified times to maintain security and operational integrity. The Act imposes several obligations on parties involved. Permit holders are required to adhere to the exclusion periods specified in the Determination, which means they must not enter the Green Zone during the designated dates. The permit itself does not grant permission to be present in the zone during these exclusion periods, as stipulated in section 10. Additionally, the Determination is a legislative instrument under the Legislation Act 2003, and it must be registered before it comes into effect. Breaching the provisions of the Determination could lead to civil or criminal consequences, depending on the nature of the violation. While the specific penalties are not detailed in the Determination, under the Defence Act 1903 and the Woomera Prohibited Area Rule 2014, unauthorised entry into a prohibited area could result in substantial fines and imprisonment. The maximum penalties for such offences can vary, but they are typically severe to ensure compliance and protect the restricted areas' security. It is crucial for permit holders to strictly follow the exclusion periods to avoid any legal repercussions.