Woomera Prohibited Area Rule 2014 Suspension of Standing Permission in the Woomera Prohibited Area

Administered by Department of Defence

Legislation au F2014L01404 Rules Not in force Legislative Instrument

Legislation content

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

Overview

The Defence Act 1903, enacted by the Australian Parliament, governs the activities within defence areas, including the Woomera Prohibited Area. This legislation was introduced to address the need for stringent control and regulation of activities within defence zones to ensure national security and safety. The Woomera Prohibited Area Rule 2014, under the Defence Act 1903, provides specific regulations for the Woomera Prohibited Area, including the suspension of standing permission for travel on certain access routes within this area. The policy objective of the Woomera Prohibited Area Rule 2014 is to maintain the security of defence activities and the safety of individuals within the Woomera Prohibited Area. The Minister for Defence has the authority to suspend standing permission, and this power has been delegated to a subordinate authority to manage administrative processes efficiently. The suspension is enacted when necessary for either the security of defence activities or the safety of persons in the area, as outlined in the rule.

Scope and Application

The Woomera Prohibited Area Rule 2014, as specified in F2014L01404, applies to individuals and entities requiring travel permissions within the Woomera Prohibited Area, primarily focusing on the security of defence activities and the safety of persons within this area. The scope of the Act is limited to the specific conditions under which Standing Permission for travel on access routes within the Woomera Prohibited Area can be suspended. The suspension of such permissions can be enacted by the Minister for Defence, or a delegate, when it is deemed necessary for either the security of defence activities or the safety of persons in the Woomera Prohibited Area. This instrument does not require consultation as it pertains to an administrative process. The Act extends across the Woomera Prohibited Area as prescribed in section 5 of the Rule, indicating a national reach within the defined geographical limits. The application of the Act may be further extended or restricted through subordinate instruments, although this specific instrument does not detail such extensions. There are no stated exclusions or exemptions within the text, but the authority to suspend permissions implies that exceptions could be made on a case-by-case basis when necessary for specified reasons.

Key Provisions

The Woomera Prohibited Area Rule 2014, specifically under section 11(3), authorises the Minister for Defence to suspend the Standing Permission for travel along certain access routes in the Woomera Prohibited Area if it is deemed necessary for the security of defence activities or the safety of persons in the area. This suspension of permission can be implemented during specified periods and locations, as outlined in the attached Determination. The Standing Permission, under section 11, generally allows travel on certain access routes provided that the person does not deviate from these routes. The obligations imposed by this legislation on the parties or entities it governs are primarily centred around compliance with the suspension of Standing Permission. When the suspension is in effect, individuals or entities must adhere to the restrictions on travel along the specified routes within the Woomera Prohibited Area. Failure to comply with these restrictions could have significant implications for both security and safety within the area. In terms of the consequences for breach, the legislation does not explicitly detail specific offences, penalties, or civil or criminal consequences within the provided text. However, it is reasonable to infer that non-compliance with the suspension of Standing Permission could lead to enforcement actions by relevant authorities. While the exact penalties are not stated in the provided text, breaches of similar provisions in other legislation could potentially incur fines, imprisonment, or other legal repercussions depending on the severity and context of the breach.

Legal classification tags

Area of Law
National Security Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Offence Provisions
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.