EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021
Purpose
The purpose of this Instrument is to repeal the Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 dated 5 February 2021.
Subsection 12(2) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, suspend standing permission to be in an area in the Woomera Prohibited Area that is identified as the Woomera Village Standing Permission Area.
The Minister has delegated the power to suspend this permission.
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.
In this regard, the Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 dated 5 February 2021 was made to enable Defence to undertake certain activities. Due to a change to those activities, that suspension is no longer required and is repealed by this Instrument.
Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 dated 5 February 2021
Details of the Instrument are set out in Attachment 1.
Consultation
Consultation was not undertaken in relation to this instrument. Defence provides notice of upcoming suspensions of standing permission to those people who hold a permit under the Woomera Prohibited Area Rule 2014 and the public via Defence’s website and signage which is placed along public access routes to the WPA indicating when they are to be subject to closure. Public notices are also published in local newspapers and South Australian Government agencies responsible for roads, transport and policing are advised.
Defence provides notice of the duration of testing, as well as limitations and restrictions on being present in the Woomera Village Standing Permission Area and when it is safe to access these areas upon completion of an activity.
Commencement
This repeal 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 Repeal of the Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021
Pursuant to subsection 12(2) of the Woomera Prohibited Area Rule 2014, the delegate of the Minister for Defence suspended the standing permission to be in an area in the Woomera Prohibited Area that is identified as the Woomera Village Standing Permission Area (the “Instrument of Suspension”).
The Instrument of Suspension was made on the basis that certain Defence activities meant it was necessary for the security of defence activities and the safety of persons in the Woomera Prohibited Area to suspend the standing permission to be in certain parts of the area identified as the Woomera Village Standing Permission Area. However, due to a change to those activities, the suspension is no longer required. This instrument will therefore repeal the Instrument of Suspension.
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
Woomera Prohibited Area Rule 2014 Repeal of Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021
This repeal of the Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 dated 5 February 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 Instrument
The Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 dated 5 February 2021 made under subsection 12(2) of the Woomera Prohibited Area Rule 2014 exercised the power of the Minister for Defence by the delegate to suspend the standing permission to be present in parts of the area identified as the Woomera Village Standing Permission Area.
This Instrument repeals the Instrument dated 5 February so that the standing permission to be present in the area identified as the Woomera Village Standing Permission Area will not be suspended.
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 Repeal of Suspension of Standing Permission to be present in the Woomera Village Standing Permission Area from 15 February 2021 to 26 February 2021 described how that Legislative Instrument would likely have limited the above human rights. By repealing that Legislative Instrument, this Legislative Instrument positively affects those rights by removing the application of those limitations.
Conclusion
This Legislative Instrument is compatible with human rights as it promotes the protection of human rights by repealing a Legislative Instrument that would have limited human rights.
John Anderson, Director Woomera Prohibited Area Coordination Office