Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51A

Conditions for making of order

             (1)  Subsection (2) applies if the authorising Ministers are satisfied that:

                     (a)  domestic violence is occurring or is likely to occur in Australia; and

                    (aa)  the domestic violence would, or would be likely to, affect Commonwealth interests; and

                     (b)  if the domestic violence is occurring or is likely to occur in a State or self‑governing Territory--the State or Territory is not, or is unlikely to be, able to protect Commonwealth interests against the domestic violence; and

                     (c)  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 domestic violence; and

                     (d)  one or more of Divisions 2, 2A, 3 and 3B, and Division 4, should apply in relation to the order.

Power of Governor‑General to make order

             (2)  If this subsection applies, the Governor‑General may, by written order, call out the Defence Force and direct the Chief of the Defence Force to utilise the Defence Force to protect the Commonwealth interests against the domestic violence.

                   Provided always that the Emergency Forces or the Reserve Forces shall not be called out or utilized in connexion with an industrial dispute.

Involvement of State or Territory

             (3)  If paragraph (1)(b) applies:

                     (a)  the Governor‑General may make the order whether or not the Government of the State or the self‑governing Territory requests the making of the order; and

                     (b)  if the Government of the State or the self‑governing Territory does not request the making of the order, an authorising Minister must, subject to subsection (3A), consult that Government about the making of the order before the Governor‑General makes it.

Exception to paragraph (3)(b)

          (3A)  However, paragraph (3)(b) does not apply if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with the requirements of that paragraph.

Content of the order

             (4)  The order:

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

                     (b)  must specify the State or Territory in which the domestic violence is occurring or likely to occur, the Commonwealth interests and the domestic violence; and

                     (c)  must state that one or more of Divisions 2, 2A, 3 and 3B, and Division 4, apply in relation to the order; and

                     (d)  must state that the order comes into force when it is made and that, unless it is revoked earlier, it ceases to be in force after a specified period (which must not be more than 20 days).

When order is in force

             (5)  The order is in force as stated in accordance with paragraph (4)(d).

Revocation of order

             (6)  If the authorising Ministers cease to be satisfied as mentioned in subsection (1), the Governor‑General must revoke the order.

Advice to Governor‑General

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

                     (a)  except where paragraph (b) applies--the Executive Council; or

                     (b)  if an authorising Minister is satisfied that, for reasons of urgency, the Governor‑General should, for the purposes of this subsection, act with the advice of the authorising Minister--the authorising Minister.

Effect of revocation of order etc.

             (8)  To avoid doubt, if the order is revoked or ceases to be in force, the call out of the Defence Force under the order ends and the Chief of the Defence Force must cease utilising the Defence Force as mentioned in subsection (2).

Notice to State or self‑governing Territory

          (8A)  As soon as is reasonably practicable after the order is made or revoked, an authorising Minister must arrange for the Government of the State or the self‑governing Territory specified in the order to be notified of the making or revocation of the order. However, if this is not done, the validity of the making or revocation of the order is not affected.

Further orders

             (9)  The fact that the order has been made does not prevent further orders being made in relation to the same matter.