EXPLANATORY STATEMENT
Issued by the authority of the Minister for Defence
Defence Act 1903
Woomera Prohibited Area Rule 2014
Suspension of Standing Permission in the Woomera Prohibited Area
Purpose
Part 3,subsection 11(3) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, suspend the Standing Permission if the Minister is satisfied that it is necessary for:
(a) the security of defence activities; or
(b) the safety of persons in the Woomera Prohibited Area.
The Minister has delegated the power to suspend Standing Permission for travel on access routes within the Woomera Prohibited Area.
Suspension of Standing Permission in the Woomera Prohibited Area
Details of the Determination are set out in Attachment 1.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003
Consultation
Consultation was not required in relation to this instrument on the basis that the suspension of Standing Permission is an administrative process.
Commencement
This instrument 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 Suspension of Standing Permission in the Woomera Prohibited Area
Section 11 of the Woomera Prohibited Area Rule 2014 permits travel along certain access routes in the Woomera Prohibited Area subject to the condition that the person not deviate from the access route.
This permission may be suspended where it is necessary for the security of defence activities or the safety of persons in the Woomera Prohibited Area.
This instrument suspends the standing permission for travel on the Stuart Highway during an exclusion period in accordance with section 11(3) of the Woomera Prohibited Area Rule 2014 during the periods and at the locations set out in the instrument.
The Woomera Prohibited Area is the area prescribed in section 5 of the Woomera Prohibited Area Rule 2014.
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
Suspension of Standing Permission in Woomera Prohibited Area Rule 2014
This instrument under 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 Determination
Section 11(3) of the Woomera Prohibited Area Rule 2014 provides that the Minister may, by legislative instrument, suspend the permission if the Minister is satisfied that it is necessary for the security of defence activities; or the safety of persons in the Woomera Prohibited Area.
This Determination made under section 11(3) of the Woomera Prohibited Area Rule 2014 exercises the power of the Minister for Defence by his delegate to suspend the Standing Permission under section 11 of the Woomera Prohibited Area Rule 2014 to travel on the Stuart Highway during the periods and at the locations set out in the instrument.
Human rights implications
This Determination does not engage any of the applicable rights or freedoms.
Conclusion
This Determination is compatible with human rights as it does not raise any human rights issues.
Mr Angus Kirkwood, Acting First Assistant Secretary Strategic Policy