Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 38

Commonwealth interests orders or variations that were not requested by a State or Territory

  (1)   The Governor - General may make or vary a Commonwealth interests order in relation to domestic violence whether or not any State or self - governing Territory in which the domestic violence is occurring, is likely to occur, would occur, or would be likely to occur, requests the order or variation (as the case requires).

  (2)   However, if any Government of those States or Territories does not request the order or variation, an authorising Minister must (subject to subsection   (3)) consult that Government about the order or variation before the Governor - General makes or varies the order.

Note:   An authorising Minister is not required to consult in relation to an expedited call out order (see subsection   51V(6)).

  (3)   Subsection   (2) does not apply to a Commonwealth interests order made under section   33 if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with that subsection.



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