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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Woomera Prohibited Area) Bill 2013
No. , 2013
(Defence)
A Bill for an Act to amend legislation relating to
defence, and for related purposes
i Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 1
Schedule 1--Amendments
3
Defence Act 1903
3
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013 1
A Bill for an Act to amend legislation relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Defence Legislation Amendment
5
(Woomera Prohibited Area) Act 2013.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Defence Act 1903
3
1 Subsection 71A(1) (definition of defence premises)
4
Repeal the definition, substitute:
5
defence premises means:
6
(a) any of the following that is in Australia, and is owned or
7
occupied by the Commonwealth for use by the Defence
8
Force or the Department:
9
(i) an area of land or any other place (whether or not it is
10
enclosed or built on);
11
(ii) a building or other structure;
12
(iii) a vehicle, vessel or aircraft, including any fixed or
13
moveable ramp, stairs or other means of access to, or
14
exit from, the vehicle, vessel or aircraft;
15
(iv) a prohibited area, within the meaning of the Defence
16
(Special Undertakings) Act 1952; or
17
(b) the Woomera Prohibited Area.
18
2 Subsection 71A(1)
19
Insert:
20
Woomera Prohibited Area means the area prescribed under
21
subsection 72TA(1).
22
3 After Part VIA
23
Insert:
24
Part VIB--The Woomera Prohibited Area
25
26
72T Definitions
27
In this Part:
28
Aboriginal person means a person of the Aboriginal race of
29
Australia.
30
Schedule 1 Amendments
4 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
acquisition of property has the same meaning as in
1
paragraph 51(xxxi) of the Constitution.
2
Anangu Pitjantjatjara Yankunytjatjara lands means the lands
3
within the meaning of the Anangu Pitjantjatjara Yankunytjatjara
4
Land Rights Act 1981 (SA).
5
existing pastoral lease means a lease over land in the Woomera
6
Prohibited Area:
7
(a) held under the Pastoral Land Management and Conservation
8
Act 1989 (SA); and
9
(b) entered into before the commencement of this Part.
10
just terms has the same meaning as in paragraph 51(xxxi) of the
11
Constitution.
12
Maralinga Tjarutja lands means the lands within the meaning of
13
the Maralinga Tjarutja Land Rights Act 1984 (SA).
14
Minister's permission means permission under section 72TF.
15
permission has the meaning given by subsection 72TC(3).
16
permit means a permit under the Rules.
17
Resources Minister means the Minister administering section 1 of
18
the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
19
Rules means the Woomera Prohibited Area Rules made under
20
section 72TP.
21
standing permission means permission provided by the Rules
22
under section 72TD.
23
this Part includes the Rules.
24
traditional owner:
25
(a) in relation to the Maralinga Tjarutja lands, means a
26
traditional owner within the meaning of the Maralinga
27
Tjarutja Land Rights Act 1984 (SA); and
28
(b) in relation to the Anangu Pitjantjatjara Yankunytjatjara lands,
29
means a traditional owner within the meaning of the Anangu
30
Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA).
31
Amendments Schedule 1
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013 5
Woomera Prohibited Area means the area prescribed under
1
subsection 72TA(1).
2
72TA The Woomera Prohibited Area
3
(1) The Rules may prescribe an area as the Woomera Prohibited Area.
4
(2) The area:
5
(a) must be intended for use for the purposes of testing war
6
materiel; and
7
(b) may be used for those purposes.
8
(3) The Rules may, for the purposes of this Part:
9
(a) prescribe zones within the Woomera Prohibited Area; and
10
(b) make provision for exclusion periods within those zones.
11
72TB Application of this Part and Part VII of the Defence Force
12
Regulations 1952
13
(1) After the commencement of this Part, Part VII of the Defence
14
Force Regulations 1952 applies to a person at a place in the
15
Woomera Prohibited Area if, and only if:
16
(a) the person has authority for the purposes of that Part to be at
17
the place; and
18
(b) the authority was given before the commencement of this
19
Part.
20
(2) If Part VII of the Defence Force Regulations 1952 applies to the
21
person, this Part does not apply to the person.
22
(3) To avoid doubt, Part VII of the Defence Force Regulations 1952
23
applies to the following:
24
(a) an Aboriginal person in the Woomera Prohibited Area
25
exercising native title rights or rights under the Native Title
26
Act 1993;
27
(b) an Aboriginal person in the Woomera Prohibited Area:
28
(i) exercising rights under section 47 of the Pastoral Land
29
Management and Conservation Act 1989 (SA); or
30
(ii) exercising rights under the Aboriginal Heritage Act
31
1988 (SA), or involved in the protection of sites, objects
32
or remains protected under that Act;
33
Schedule 1 Amendments
6 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
(c) a traditional owner in the Woomera Prohibited Area for
1
purposes related to the Maralinga Tjarutja lands;
2
(d) a traditional owner in the Woomera Prohibited Area for
3
purposes related to the Anangu Pitjantjatjara Yankunytjatjara
4
lands;
5
(e) a person in the Woomera Prohibited Area who is employed
6
or engaged by, or is acting for, or on behalf of, a person
7
covered by paragraphs (a) to (d);
8
(f) a person in the Woomera Prohibited Area who is
9
accompanied by a person covered by paragraphs (a) to (e);
10
(g) an Aboriginal person who:
11
(i) has been invited onto the Maralinga Tjarutja lands or
12
Anangu Pitjantjatjara Yankunytjatjara lands; and
13
(ii) is in the Woomera Prohibited Area for purposes related
14
to the invitation;
15
(h) a person in the Woomera Prohibited Area who is acting for,
16
or on behalf of, South Australia;
17
(i) a person in the Woomera Prohibited Area who is
18
accompanied by a person covered by paragraph (h);
19
(j) a person who:
20
(i) holds an existing pastoral lease; and
21
(ii) is in the Woomera Prohibited Area for purposes related
22
to the lease;
23
(k) a person who:
24
(i) is employed or engaged by, or is acting for, or on behalf
25
of, a person who holds an existing pastoral lease; and
26
(ii) is in the Woomera Prohibited Area for purposes related
27
to the lease;
28
(l) a person in the Woomera Prohibited Area who is
29
accompanied by a person covered by paragraph (j) or (k).
30
(4) Subsection (3) does not limit subsection (1).
31
Effect of permit on existing authority
32
(5) Subsections (1) and (2) do not prevent a person from applying for a
33
permit.
34
(6) Authority for the purposes of Part VII of the Defence Force
35
Regulations 1952 for a person to be at a place in the Woomera
36
Amendments Schedule 1
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013 7
Prohibited Area is revoked to the extent that a permit provides (or
1
provided) permission for the person to be at the place.
2
72TC Offence--being in the Woomera Prohibited Area without
3
permission
4
(1) A person commits an offence if:
5
(a) the person is not:
6
(i) a member of the Defence Force; or
7
(ii) the Secretary; or
8
(iii) an APS employee in the Department; and
9
(b) the person is at a place in the Woomera Prohibited Area.
10
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
11
(2) Subsection (1) does not apply if the person has permission to be at
12
the place.
13
(3) The person has permission to be at the place if:
14
(a) a standing permission provides permission for the person to
15
be at the place; or
16
(b) a permit provides permission for the person to be at the place;
17
or
18
(c) the person has the Minister's permission to be at the place.
19
72TD Standing permission
20
(1) The Rules may provide permission for a person to be at a place in
21
the Woomera Prohibited Area.
22
(2) The permission may be subject to conditions set out in the Rules.
23
(3) The Rules may make provision for, and in relation to, other matters
24
in relation to standing permission.
25
72TE Permits
26
(1) The Rules may make provision for, and in relation to, permits that
27
provide permission for persons to be at places in the Woomera
28
Prohibited Area.
29
(2) The Rules may make provision in relation to the following:
30
Schedule 1 Amendments
8 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
(a) the purposes for which permits may be issued;
1
(b) applying for permits;
2
(c) issuing and renewing permits;
3
(d) suspending and cancelling permits;
4
(e) conditions to which permits are subject.
5
(3) Subsection (2) does not limit subsection (1).
6
72TF Minister's permission
7
(1) The Minister may, on request, give written permission for a person
8
to be at a place in the Woomera Prohibited Area.
9
(2) The permission must:
10
(a) specify the person by name; and
11
(b) be given in accordance with any requirements set out in the
12
Rules.
13
(3) The permission may be subject to one or more of the following:
14
(a) conditions imposed by the Minister and set out in the
15
permission;
16
(b) conditions set out in the Rules.
17
(4) The Rules may make provision for, and in relation to, other matters
18
in relation to Minister's permission.
19
72TG Offence--failing to comply with conditions
20
(1) A person commits an offence if:
21
(a) the person has permission to be at a place in the Woomera
22
Prohibited Area; and
23
(b) the person does, or refuses or fails to do, an act or thing; and
24
(c) doing, or refusing or failing to do, the act or thing results in a
25
failure to comply with a condition of the permission.
26
Penalty: 60 penalty units.
27
(2) Subsection (1) is an offence of strict liability.
28
Amendments Schedule 1
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013 9
72TH Minister may suspend permission
1
(1) The Minister may suspend a permission if the Minister considers it
2
necessary for the purposes of the defence of Australia.
3
(2) The suspension must be:
4
(a) in writing; and
5
(b) in accordance with any requirements set out in the Rules.
6
(3) A suspension under subsection (1) is not a legislative instrument.
7
72TJ Minister may give directions
8
(1) The Minister may direct a person to do, or not to do, one or more
9
specified acts or things in relation to the Woomera Prohibited Area
10
if the Minister considers it necessary:
11
(a) for the purposes of the defence of Australia; or
12
(b) to protect human life.
13
(2) The direction may include one or more of the following:
14
(a) a direction to leave a place or an area;
15
(b) a direction to move, or remove, property or livestock;
16
(c) a direction to secure buildings.
17
(3) Subsection (2) does not limit subsection (1).
18
(4) A direction made in writing under subsection (1) is not a legislative
19
instrument.
20
Offence--failing to comply with direction
21
(5) A person commits an offence if:
22
(a) the person is given a direction under subsection (1); and
23
(b) the person refuses or fails to comply with the direction.
24
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
25
72TK Compensation for acquisition of property
26
(1) If the operation of this Part would result in an acquisition of
27
property from a person otherwise than on just terms, the
28
Commonwealth is liable to pay a reasonable amount of
29
compensation to the person.
30
Schedule 1 Amendments
10 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. ,
2013
(2) If the Commonwealth and the person do not agree on the amount
1
of the compensation, the person may institute proceedings in a
2
court of competent jurisdiction for the recovery from the
3
Commonwealth of such reasonable amount of compensation as the
4
court determines.
5
72TL Compensation for loss or damage
6
The Rules may limit amounts payable by the Commonwealth in
7
respect of loss or damage in the Woomera Prohibited Area arising
8
from a breach of a common law or statutory duty of care in relation
9
to the use of the Woomera Prohibited Area for the purposes of
10
testing war materiel.
11
72TM Review of decisions
12
Internal review
13
(1) A person whose interests are affected by any of the following
14
decisions may, by writing, apply to the Minister for a review of the
15
decision:
16
(a) a decision under section 72TF to give, or not to give, written
17
permission for a person to be at a place in the Woomera
18
Prohibited Area;
19
(b) a decision to suspend a permission under section 72TH;
20
(c) a decision to give a direction under section 72TJ.
21
(2) On application for review of the decision, the Minister must:
22
(a) review the decision; and
23
(b) confirm, vary or revoke the decision.
24
(3) Within 20 business days after receiving the application, the
25
Minister must give the person written notice of the decision on the
26
review.
27
AAT review
28
(4) Application may be made to the Administrative Appeals Tribunal
29
for review of a decision by the Minister on the review of a decision
30
under section 72TF to give, or not to give, written permission for a
31
person to be at a place in the Woomera Prohibited Area.
32
Amendments Schedule 1
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. , 2013
11
(5) To avoid doubt, a decision under section 72TF to give written
1
permission for a person to be at a place in the Woomera Prohibited
2
Area includes a decision to give such permission subject to
3
conditions imposed by the Minister.
4
72TN Delegation
5
(1) The Minister, by writing, may delegate his or her power under
6
section 72TF (Minister's permission) to:
7
(a) an APS employee who holds or performs the duties of an
8
APS 6 position, or an equivalent or higher position, in the
9
Department; or
10
(b) an officer of the Navy who holds the rank of Commander or
11
a higher rank; or
12
(c) an officer of the Army who holds the rank of Lieutenant-
13
Colonel or a higher rank; or
14
(d) an officer of the Air Force who holds the rank of Wing
15
Commander or a higher rank.
16
(2) The Minister, by writing, may delegate his or her power under
17
paragraph 72TJ(1)(b) (direction to protect human life) to:
18
(a) an APS employee who holds or performs the duties of an
19
Executive Level 2 position, or an equivalent or higher
20
position, in the Department; or
21
(b) an officer of the Navy who holds the rank of Captain or a
22
higher rank; or
23
(c) an officer of the Army who holds the rank of Colonel or a
24
higher rank; or
25
(d) an officer of the Air Force who holds the rank of Group
26
Captain or a higher rank.
27
(3) The Minister, by writing, may delegate his or her power under
28
section 72TM to review the following decisions to an APS
29
employee who holds or performs the duties of an SES Band 2
30
position, or an equivalent or higher position, in the Department:
31
(a) a decision under section 72TF to give, or not to give, written
32
permission for a person to be at a place in the Woomera
33
Prohibited Area;
34
(b) a decision to give a direction under paragraph 72TJ(1)(b)
35
(direction to protect human life).
36
Schedule 1 Amendments
12 Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 No. ,
2013
72TP The Woomera Prohibited Area Rules
1
(1) The Minister may, by legislative instrument and with the
2
agreement of the Resources Minister, make Woomera Prohibited
3
Area Rules prescribing matters:
4
(a) required or permitted by this Part to be prescribed by the
5
Rules; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Part.
8
(2) Without limiting subsection (1), the Rules may:
9
(a) prescribe fees for doing any act or providing any service for
10
the purposes of this Part and prescribe the circumstances and
11
ways in which fees can be refunded, waived or reduced; and
12
(b) make provision for, and in relation to, the review of decisions
13
made under this Part or the Rules.
14
(3) A fee prescribed under paragraph (2)(a) must not be such as to
15
amount to taxation.
16
Infringement notices
17
(4) The Rules may provide for a person who is alleged to have
18
committed an offence against subsection 72TG(1) to pay a penalty
19
to the Commonwealth as an alternative to prosecution.
20
(5) The penalty must not exceed one-fifth of the maximum fine that a
21
court could impose on the person as a penalty for that offence.
22
Demerit points
23
(6) The Rules may establish a demerit points system under which a
24
permit may be suspended or cancelled if the holder of the permit
25
accrues a prescribed number of demerit points.
26
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