Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 30

Simplified outline of this Part

The Defence Force can be called out under a call out order made under this Part. A call out order is made by the Governor - General if the Prime Minister, the Minister and the Attorney - General (who are called the authorising Ministers) are satisfied of various matters.

There are 2 general kinds of call out orders: Commonwealth interests orders and State protection orders. For both kinds of call out orders, the Defence Force can be called out immediately or, under a contingent call out order, if specified circumstances arise.

Under a Commonwealth interests order, the Defence Force is called out to protect Commonwealth interests in Australia or the Australian offshore area. The order might apply in a State or Territory, or in the Australian offshore area, or in more than one of those places. Each State or self - governing Territory in which domestic violence is occurring, or is likely to occur, must generally be consulted before the Governor - General makes a Commonwealth interests order.

A State or self - governing Territory can apply for a State protection order to protect the State or Territory from domestic violence.

A power under a call out order may be exercised in a State or Territory either because the State or Territory is specified in the order or because the power is exercised in the State or Territory for a purpose specified in the order.

As far as reasonably practicable, the Chief of the Defence Force must assist, and cooperate with, the police force of a State or Territory that is affected by a call out of the Defence Force.

Members of the Defence Force can exercise certain powers if the Defence Force is called out under a call out order. There are 3 categories of powers:

  (a)   powers that generally can be exercised only if authorised by an authorising Minister; and

  (b)   powers that can be exercised in an area that has been declared by the authorising Ministers; and

  (c)   powers for protecting infrastructure that has been declared by the authorising Ministers .

Expedited call out orders, specified area declarations and infrastructure declarations can be made by the authorising Ministers or other Ministers in sudden and extraordinary emergencies.

Call out orders, specified area declarations and infrastructure declarations are all provided to the Presiding Officers for tabling in each House of the Parliament.

An independent review of this Part   is to be commenced at least every 5 years. The operation, effectiveness and implications of this Part   can also be reviewed on the initiative of the Independent National Security Legislation Monitor under the Independent National Security Legislation Monitor Act 2010 .



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