Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 44

  (1)   A power may be exercised in a State or self - governing Territory under this Division in relation to a call out order if:

  (a)   the exercise of the power in that State or Territory is authorised by the order; or

  (b)   the power is exercised for the purpose specified in the order under subsection   33(3), 34(3), 35(3) or 36(3).

Note:   For example, powers might be exercised in a State because:

(a)   the State is specified in the order; or

(b)   the powers are exercised in a State that is not specified in the order for the purpose of protecting a State that is specified in the order against domestic violence that is occurring in that State; or

(c)   the powers are exercised in a State that is not specified in the order for the purpose of protecting Commonwealth interests in the Australian offshore area, as specified in the order.

  (2)   A power must not be exercised under this Division outside the Australian offshore area.