Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 37

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.

Further orders

  (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.