Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The authorising Ministers may, in writing, declare an area to be a specified area, in relation to a call out order, if the area is either or both of the following:
(a) a part of a State or Territory that is specified in the call out order;
(b) if the call out order specifies a threat in the Australian offshore area--a part of the Australian offshore area.
Note 1: An expedited declaration may be made by one or more other Ministers in sudden and extraordinary emergencies (see Division 7).
Note 2: A specified area declaration may be varied or revoked in accordance with subsections 33(3) and (3AA) of the Acts Interpretation Act 1901 .
(2) To avoid doubt, a declaration may be made under subsection ( 1) in relation to a contingent call out order whether or not the circumstances specified in the call out order have arisen.
(3) A declaration made under subsection ( 1):
(a) comes into force when it is made; and
(ii) the call out order to which it relates ceases to be in force.
Declaration of areas in the Australian offshore area and internal waters
(4) Without limiting subsection ( 1), an area in the Australian offshore area or the internal waters of a State or self - governing Territory may be specified by referring to an area:
(a) that surrounds one or more vessels or classes of vessels; and
(b) whose boundaries change as the location of the vessels change.
(5) The area specified under subsection ( 4) in relation to a vessel whose location changes:
(a) may move from the internal waters of a State or self - governing Territory that is specified in the call out order to the internal waters of another State or self - governing Territory if the vessel so moves; and
(b) may move from the internal waters of a State or self - governing Territory to the Australian offshore area if the vessel so moves; and
(c) may move from the Australian offshore area to the internal waters of a State or Territory if the vessel so moves.
However, the area does not move beyond the Australian offshore area, even if the vessel so moves.
Statement to be prepared
(6) If a specified area declaration is made, the authorising Ministers must arrange for the preparation of a statement that:
(a) summarises the content of the call out order to which the declaration relates, but without including any reference to whether Division 3 applies in relation to the order; and
(b) states that the declaration has been made; and
(c) describes the specified area and its boundaries.
(7) The statement must:
(a) except in the Australian offshore area--be broadcast or otherwise made public by television, radio or electronic means so as to be capable of being received within the specified area; and
(b) in the Australian offshore area--be notified to persons in the Australian offshore area to the extent practicable; and
(c) in any case--be forwarded, within 24 hours after the declaration is made, to the Presiding Officer of each House of the Parliament for tabling in that House.
(8) However, subsections ( 6) and (7) do not apply if:
(a) the call out order states that Division 3 applies in relation to the order; and
(b) the authorising Ministers declare, in writing, that they are satisfied that the application of subsections ( 6) and (7) would prejudice the exercise of powers under Division 3 by members of the Defence Force who are being utilised under the call out order.
(9) Each House of the Parliament must sit within 6 days after its Presiding Officer receives the statement that is forwarded in accordance with paragraph ( 7)(c).
Effect of failure to publish or sit
(10) A failure to comply with subsection ( 6), (7) or (9)
does not affect the validity of the declaration.