EXPLANATORY STATEMENT

Issued by the authority of the Minister for Defence

Defence Act 1903

Woomera Prohibited Area Rule 2014

Determination of Exclusion Periods for the Green Zone for July 2017

Purpose

Subsection 8(1) of the Woomera Prohibited Area Rule 2014 provides that the Minister for Defence may, by legislative instrument, determine up to 8 periods of 7 days as exclusion periods for the Green Zone in the Woomera Prohibited Area for a financial year.

The Minister has delegated the power to determine exclusion periods.

Determination of Exclusion periods for the Green Zone for July 2017

Details of the Determination are set out in Attachment 1.

The Determination is a legislative instrument for the purposes of the Legislation Act 2003.

Consultation

Consultation was not required in relation to this instrument on the basis that the determination of exclusion periods is an administrative process undertaken for each financial year.

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 Determination of Exclusion periods for the Green Zone for July 2017

1.      Woomera Prohibited Area Rule 2014

Determination of Exclusion Periods for the Green Zone for July 2017

This Determination sets out the Exclusion Periods that apply to the Woomera Prohibited Area for the Green Zone for July 2017 in accordance with subsection 8(1) of the Woomera Prohibited Area Rule 2014.

The Exclusion Periods in the Schedule are the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Green Zone.

The Woomera Prohibited Area is the area prescribed in section 5 of the Woomera Prohibited Area Rule 2014.

Under 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 such instrument.

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

Determination of Exclusion Periods for the Green Zone for July 2017

This Determination 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

This Determination made under subsection 8(1) of the Woomera Prohibited Area Rule 2014 exercises the power of the Minister for Defence by his delegate to determine the exclusion periods for Green Zone in the Woomera Prohibited Area.

The Determination sets out the dates in which holders of a permit issued under the Woomera Prohibited Area Rule 2014 are excluded from entering the Green Zone.

Section 10 of the Woomera Prohibited Area Rule 2014 provides that a permit does not provide permission for a person to be at a place in a zone during an exclusion period for the zone.

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.

Ms Caroline Chalker, Director Woomera Prohibited Area Coordination Office