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DEFENCE ACT 1903 - SECT 51V

Effect of expedited order or declaration

  (1)   An expedited order or declaration has effect for all purposes as if it were:

  (a)   a call out order made by the Governor - General; or

  (b)   an infrastructure declaration or a specified area declaration made by the authorising Ministers;

(as the case requires) except as provided by subsections   (4) and (5) and for the purposes of section   51U.

  (2)   In particular:

  (a)   for a call out order--subsection   33(5), 34(5), 35(5) or 36(5) (as the case requires) applies to the order; and

  (b)   for a call out order or infrastructure declaration--the order or declaration may be varied or revoked in the same way, and in the same circumstances, as the order or declaration may be varied or revoked under section   37 or subsection   51H(3) or (4).

However, a variation of an expedited order or declaration must not extend the period during which the order or declaration is in force.

Note:   A new order or declaration would need to be made after the expedited order or declaration had ceased to be in force.

  (3)   For the purposes of paragraph   (2)(b) of this section:

  (a)   for a call out order--the reference in paragraph   37(1)(a) to the authorising Ministers still being satisfied is taken to be a reference to those Ministers being satisfied; and

  (b)   for a call out order or infrastructure declaration--the reference in paragraph   37(3)(a) or subsection   51H(3) to the authorising Ministers ceasing to be satisfied or to believe is taken to be a reference to those Ministers not being satisfied or believing.

Content of an order or declaration

  (4)   An expedited order or declaration:

  (a)   must state that it is made under this section, and that it has effect as if it were a call out order, infrastructure declaration or specified area declaration (as the case requires); and

  (b)   despite paragraph   33(5)(d), 34(5)(d), 35(5)(d), 36(5)(d), 51(3)(b) or 51H(5)(b) (as the case requires), must state that it ceases to be in force at the end of a specified period (which must not end more than 5 days after it comes into force), unless it is revoked earlier.

Note:   The period of an expedited order or declaration must not be extended (see subsection   (2) of this section).

When order is in force

  (5)   An expedited order or declaration:

  (a)   comes into force when it is made, or (if it is not in writing) when:

  (i)   the Prime Minister, or the other 2 Ministers; and

  (ii)   the Chief of the Defence Force;

    have complied with paragraph   51U(3)(b) (which is about signing the record); and

  (b)   ceases to be in force as stated in accordance with paragraph   (4)(b) of this section.

Consultation with State or Territory not required

  (6)   To avoid doubt, subsections   38(2) and 51H(7) do not apply to an expedited order or declaration that would have effect as if it were a Commonwealth interests order or infrastructure declaration.


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