Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 40

Assisting and cooperating with police forces of affected States and Territories

             (1)  In utilising the Defence Force under a call out order (except in the Australian offshore area), the Chief of the Defence Force must, as far as is reasonably practicable, ensure that:

                     (a)  the Defence Force:

                              (i)  is utilised to assist any State or Territory specified in the order, and any other State or Territory in which powers under this Part may be exercised in accordance with section 44 or 51K or subsection 51(5); and

                             (ii)  cooperates with the police force of those States and Territories; and

                     (b)  the Defence Force is not utilised for any particular task in any of those States and Territories (except in relation to airborne aircraft) unless a member of the police force of that State or Territory requests that the Defence Force be so utilised.

             (2)  A request under paragraph (1)(b) must, if reasonably practicable, be in writing.

             (3)  Subsection (1) does not require or permit the Chief of the Defence Force to transfer to any extent command of the Defence Force to a State or Territory, or to a police force or member of the police force of that State or Territory.

             (4)  Subsection (1) is subject to subsection 39(3).

Note:          Subsection 39(3) requires the Chief of the Defence Force to comply with Ministerial directions and generally not stop or restrict protests etc.



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