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DEFENCE ACT 1903 - SECT 33

Calling out the Defence Force to protect Commonwealth interests

Conditions for making order

  (1)   The Governor - General may make an order under subsection   ( 3) if the authorising Ministers are satisfied that:

  (a)   any of the following applies:

  (i)   domestic violence that would, or would be likely to, affect Commonwealth interests is occurring or is likely to occur in Australia;

  (ii)   there is a threat in the Australian offshore area to Commonwealth interests (whether those interests are in that area or elsewhere);

  (iii)   domestic violence that would, or would be likely to, affect Commonwealth interests is occurring or is likely to occur in Australia, and there is a threat in the Australian offshore area to those or any other Commonwealth interests; and

  (b)   the Defence Force should be called out and the Chief of the Defence Force should be directed to utilise the Defence Force to protect the Commonwealth interests against the domestic violence or threat, or both; and

  (c)   one or more of Divisions   3, 4 and 5 should apply in relation to the order.

Note 1:   See section   38 if domestic violence is occurring or is likely to occur in a State or self - governing Territory that does not request a call out order.

Note 2:   An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division   7).

  (2)   In determining whether the authorising Ministers are satisfied as mentioned in paragraph   ( 1)(b) in relation to domestic violence that is occurring or is likely to occur in one or more States or self - governing Territories, the authorising Ministers:

  (a)   must consider:

  (i)   the nature of the domestic violence; and

  (ii)   whether the utilisation of the Defence Force would be likely to enhance the ability of each of those States and Territories to protect the Commonwealth interests against the domestic violence; and

  (b)   may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor - General to make order

  (3)   The Governor - General may, by written order, call out the Defence Force and direct the Chief of the Defence Force to utilise the Defence Force to protect the Commonwealth interests against the domestic violence or threat, or both.

Note:   For additional rules in relation to making, varying and revoking call out orders, see section   37.

  (4)   However, the Reserves must not be called out or utilised in connection with an industrial dispute.

Content of order

  (5)   The order must:

  (a)   state that it is made under this section; and

  (b)   specify:

  (i)   the domestic violence or threat, or both; and

  (ii)   the Commonwealth interests; and

  (iii)   for domestic violence occurring or likely to occur in one or more States or self - governing Territories--each of those States and Territories; and

  (c)   state which of Divisions   3, 4 and 5 apply in relation to the order; and

  (d)   state that the order:

  (i)   comes into force when it is made; and

  (ii)   ceases to be in force at the end of a specified period (which must not end more than 20 days after it is made), unless it is revoked earlier.

When order is in force

  (6)   The order is in force as stated in accordance with paragraph   ( 5)(d).

Note:   The order can be extended under section   37.


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