Commonwealth Numbered Regulations

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DEFENCE REGULATION 2016 (F2016L01568) - REG 69

Aid to civilian authorities

             (1)  This section applies if the Defence Force is called out:

                     (a)  other than under Part IIIAAA of the Act; and

                     (b)  to protect either of the following against domestic violence:

                              (i)  Commonwealth interests in Australia;

                             (ii)  a State or self-governing Territory.

             (2)  The Chief of the Defence Force must utilise the Defence Force in a way that is reasonable and necessary to protect the Commonwealth interests, the State or the self-governing Territory.

             (3)  The Chief of the Defence Force must comply with any directions given by the Minister about the utilisation of the Defence Force, except that:

                     (a)  the Defence Force must not be used to stop or restrict any protest, dissent, assembly or industrial action except where there is a reasonable likelihood of the death of, or serious injury to, persons or serious damage to property; and

                     (b)  the Reserves must not be used unless the Minister, after consulting the Chief of the Defence Force, is satisfied that sufficient members of the Permanent Forces are not available.

             (4)  In protecting a State or self-governing Territory, the Chief of the Defence Force must, as far as is reasonably practicable, ensure that the Defence Force:

                     (a)  cooperates with the police force of the State or Territory; and

                     (b)  undertakes particular tasks only if requested in writing to do so by one or more of the following:

                              (i)  a member of the police force of the State or Territory;

                             (ii)  an officer of a civil authority specified by the Minister.

             (5)  This section does not require or permit the Chief of the Defence Force to transfer any command of the Defence Force.

   



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