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DEFENCE ACT 1903 - SECT 51W

Effect of expedited order on Ministerial authorisation

             (1)  An authorisation made for the purposes of paragraph 46(1)(a) (special powers generally authorised by Minister) as a result of an expedited order need not be in writing.

             (2)  If the authorisation is not in writing, the authorising Minister, and the Chief of the Defence Force, must each:

                     (a)  make a written record (which may be electronic) of the authorisation; and

                     (b)  sign (including by electronic signature) the record; and

                     (c)  in the case of the authorising Minister--cause the record to be given to the Chief of the Defence Force as soon as practicable; and

                     (d)  in the case of the Chief of the Defence Force--as soon as practicable:

                              (i)  cause the record to be given to the Prime Minister; or

                             (ii)  cause the record to be given to the authorising Minister who made the order, and cause a copy of the record to be given to the other Minister;

                            as the case requires.

However, a failure to comply with paragraph (c) or (d) does not affect the validity of the authorisation.

             (3)  If the authorisation is not in writing, it comes into force when the authorising Minister, and the Chief of the Defence Force, have complied with paragraph (2)(b).



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