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.