Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 50D

Governor‑General may call out the Reserves

             (1)  The Governor‑General may, by publishing a written order in the Gazette , call out for continuous full time service:

                     (a)  the Reserves; or

                     (b)  one or more of the following:

                              (i)  a specified part or parts of the Reserves;

                             (ii)  a specified class or classes of members in the Reserves;

                            (iii)  a specified member or members of the Reserves.

Circumstances required for call out

             (2)  However, the Governor‑General may only make an order in circumstances (whether within or outside Australia) involving any one or more of the following:

                     (a)  war or warlike operations;

                     (b)  defence emergency;

                     (c)  defence preparation;

                     (d)  peacekeeping or peace enforcement;

                     (e)  assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia's national security or affecting Australian defence interests;

                      (f)  support to community activities of national or international significance;

                     (g)  civil aid, humanitarian assistance, medical or civil emergency or disaster relief.

Advice to Governor‑General

             (3)  In making or revoking an order, the Governor‑General is to act with the advice of:

                     (a)  the Executive Council; or

                     (b)  if, after the Minister has consulted the Prime Minister, the Minister is satisfied that, for reasons of urgency, the Governor‑General should act with the advice of the Minister alone--the Minister.

When order takes effect

             (4)  An order takes effect on:

                     (a)  the day specified in the order; or

                     (b)  if no day is specified--the day on which the order is published in the Gazette .

When revocation of order takes effect

             (5)  A revocation of an order takes effect on:

                     (a)  the day specified in the revocation; or

                     (b)  if no day is specified--the day on which the revocation is published in the Gazette.

Effect of revocation of order

             (6)  To avoid doubt, if an order is revoked the call out under that order ends.

Further orders

             (7)  The fact that an order has been published under this section in relation to particular circumstances does not prevent further orders being published under this section in relation to the same circumstances.