Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51AA

Conditions for making of order utilising the Defence Force in the offshore area

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

                     (a)  there is a threat in the Australian offshore area to Commonwealth interests (whether in that area or elsewhere); and

                     (b)  the Defence Force should be called out and the Chief of the Defence Force should be directed to utilise the Defence Force in the Australian offshore area to protect the Commonwealth interests against the threat; and

                     (c)  either Division 2A or 3A, or both, and Division 4 should apply in relation to the order.

Power of Governor‑General to make order utilising the Defence Force in the Australian offshore area

             (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 in the Australian offshore area to protect the Commonwealth interests against the threat concerned.

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

Conditions for also utilising the Defence Force in the internal waters

             (4)  Subsection (5) applies if the authorising Ministers are satisfied that:

                     (a)  in relation to the threat mentioned in paragraph (1)(a), domestic violence is occurring or is likely to occur in the internal waters of a State or self‑governing Territory; and

                     (b)  the State or Territory is not, or is unlikely to be, able to protect the Commonwealth interests against the domestic violence; and

                     (c)  the Chief of the Defence Force should be directed to utilise the Defence Force in the internal waters of the State or Territory to protect the Commonwealth interests against the domestic violence.

Power of Governor‑General to direct utilising the Defence Force in the internal waters

             (5)  If this subsection applies, the Governor‑General may, in the order under subsection (2), also direct the Chief of the Defence Force to utilise the Defence Force in the internal waters of the State or Territory to protect the Commonwealth interests against the domestic violence.

Involvement of State or Territory

             (6)  If subsection (5) applies:

                     (a)  the Governor‑General may make the direction referred to in subsection (5) whether or not the Government of the State or the self‑governing Territory requests the making of the direction; and

                     (b)  if the Government of the State or the self‑governing Territory does not request the making of the direction referred to in subsection (5), an authorising Minister must, subject to subsection (7), consult that Government about the making of the direction.

Exception to paragraph (6)(b)

             (7)  However, paragraph (6)(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

             (8)  The order:

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

                     (b)  must specify:

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

                             (ii)  the Commonwealth interests; and

                            (iii)  if the order includes a direction mentioned in subsection (5)--the State or Territory to which the direction relates and the domestic violence; and

                     (c)  must state that Division 2A or 3A, or both, 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

             (9)  The order is in force as stated in accordance with paragraph (8)(d).

Revocation of order

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

Advice to Governor‑General

           (11)  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.

           (12)  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) or (5).

Notice to State or self‑governing Territory

           (13)  If the order includes a direction mentioned in subsection (5), then 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

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