DEFENCE ACT 1903 - SECT 34 Contingent call out of the Defence Force to protect Commonwealth interests

DEFENCE ACT 1903 - SECT 34

Conditions for making order

  (1)   The Governor - General may make an order under subsection   ( 3) if the authorising Ministers are satisfied that:

  (a)   if specified circumstances were to arise:

  (i)   domestic violence that would, or would be likely to, affect Commonwealth interests would occur, or would be likely to occur, in Australia; or

  (ii)   there would be, or it is likely there would be, a threat in the Australian offshore area to Commonwealth interests (whether those interests are in that area or elsewhere); or

  (iii)   domestic violence that would, or would be likely to, affect Commonwealth interests would occur, or would be likely to occur, in Australia and there would be, or it is likely there would be, a threat in the Australian offshore area to those or any other Commonwealth interests; and

  (b)   if the specified circumstances were to arise, for reasons of urgency, it would be impracticable for a Commonwealth interests order to be made under section   33; and

  (c)   if the circumstances arise, the Defence Force should be called out and the Chief of the Defence Force should be directed to utilise the Defence Force to protect the Commonwealth interests against the violence or threat, or both; and

  (d)   if the circumstances arise, one or more of Divisions   3, 4 and 5 should apply in relation to the order.

Note 1:   See section   38 if domestic violence would occur, or would be likely to occur, in a State or self - governing Territory that does not request a call out order.

Note 2:   An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division   7).

  (2)   In determining whether the authorising Ministers are satisfied as mentioned in paragraph   ( 1)(c) in relation to domestic violence that would occur, or would be likely to occur, in one or more States or self - governing Territories if specified circumstances were to arise, the authorising Ministers:

  (a)   must consider:

  (i)   the nature of the domestic violence; and

  (ii)   whether the utilisation of the Defence Force would be likely to enhance the ability of each of those States and Territories to protect the Commonwealth interests against the domestic violence; and

  (b)   may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor - General to make order

  (3)   The Governor - General may, by written order, specify that, if the specified circumstances arise:

  (a)   the Defence Force is called out; and

  (b)   the Chief of the Defence Force is directed to utilise the Defence Force to protect the Commonwealth interests against the domestic violence or threat, or both.

Note:   For additional rules in relation to making, varying and revoking call out orders, see section   37.

  (4)   However, the Reserves must not be called out or utilised in connection with an industrial dispute.

Content of order

  (5)   The order must:

  (a)   state that it is made under this section; and

  (b)   specify:

  (i)   the circumstances to which the order relates; and

  (ii)   the domestic violence or threat, or both; and

  (iii)   the Commonwealth interests; and

  (iv)   for domestic violence that would, or would be likely to, occur in one or more States or self - governing Territories--each of those States and Territories; and

  (c)   state which of Divisions   3, 4 and 5 apply in relation to the order; and

  (d)   state that the order:

  (i)   comes into force when it is made; and

  (ii)   ceases to be in force at the end of a specified period, unless it is revoked earlier.

When order is in force

  (6)   The order is in force as stated in accordance with paragraph   ( 5)(d).

Note:   The order can be extended under section   37.