Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 39

  (1)   The Chief of the Defence Force must comply with this section if:

  (a)   the Governor - General makes a call out order; and

  (b)   for a contingent call out order--the circumstances specified in the order arise.

  (2)   The Chief of the Defence Force must utilise the Defence Force (subject to subsection   (3) and section   40), in such manner as is reasonable and necessary, for the purpose specified in the order under subsection   33(3), 34(3), 35(3) or 36(3).

Note:   Section   40 requires the Chief of the Defence Force to assist and cooperate with the police forces of affected States and Territories.

Limitations on power

  (3)   In doing so, the Chief of the Defence Force:

  (a)   must (subject to paragraph   (b)) comply with any direction that the Minister gives from time to time as to the way in which the Defence Force is to be utilised; and

  (b)   must not stop or restrict any protest, dissent, assembly or industrial action, except if there is a reasonable likelihood of:

  (i)   the death of, or serious injury to, persons; or

  (ii)   serious damage to property.