Variation of order
(1) The Governor-General may, in writing, vary a call out order if:
(a) the authorising Ministers are still satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); and
(b) the order, as varied, complies (subject to subsection (2)) with the following provisions (as the case requires):
(i) subsections 33(3) to (5);
(ii) subsections 34(3) to (5);
(iii) subsections 35(3) to (5);
(iv) subsections 36(3) to (5); and
(c) for a State protection order--the State or Territory that applied for the order requests the variation.
Note: See section 38 if a Commonwealth interests order specifies a State or self-governing Territory that does not request a variation.
(2) The Governor-General may vary a call out order to extend the period during which the order is in force. However, a period that is varied in an order under section 33 or 35 must not end more than 20 days after the variation takes effect.
Note: Sections 33 and 35 allow the Defence Force to be called out immediately.
Revocation of order
(3) The Governor-General must, in writing, revoke a call out order if:
(a) one or more authorising Ministers cease to be satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); or
(b) for a State protection order--the State Government or Government of the self-governing Territory withdraws its application to the Commonwealth Government for the call out order.
When variation or revocation takes effect
(4) A variation or revocation of a call out order takes effect when the order is varied or revoked.
Advice to Governor-General
(5) In making, varying or revoking a call out order, the Governor-General is to act with the advice of:
(a) the Executive Council; or
(b) without limiting paragraphs 16A(a) and (b) of the Acts Interpretation Act 1901 , if, despite paragraph (a), an authorising Minister is satisfied that, for reasons of urgency, the Governor-General should act with the advice of the authorising Minister--the authorising Minister.
Effect of revocation of call out order etc.
(6) To avoid doubt, if a call out order is revoked or ceases to be in force:
(a) the call out of the Defence Force under the order ends; and
(b) the Chief of the Defence Force must cease utilising the Defence Force under section 39.
Notice to State or self-governing Territory
(7) As soon as reasonably practicable after making, varying or revoking a Commonwealth interests order that specifies a State or self-governing Territory, an authorising Minister must arrange for the Government of the State or Territory to be notified of the making, variation or revocation of the order. However, a failure to do so does not affect the validity of the making, variation or revocation of the order.
(8) The fact that a call out order has been made does not prevent further call out orders being made in relation to the same matter.