Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51AB

Conditions for making of order

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

                     (a)  if specified circumstances were to arise:

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

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

                            and, for reasons of urgency, it would be impracticable for the Governor‑General to make an order under section 51A or 51AA (as the case requires); and

                     (b)  if subparagraph (a)(i) applies--the domestic violence would occur or would be likely to occur in a State or self‑governing Territory that would not be, 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 to protect the Commonwealth interests against the violence, or the threat in the Australian offshore area, if the specified circumstances arise; and

                     (d)  Divisions 3B and 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, direct the Chief of the Defence Force to utilise the Defence Force to protect the Commonwealth interests against the domestic violence, or the threat in the Australian offshore area, if the specified circumstances arise.

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 consult that Government about the making of the order before the Governor‑General makes it.

Content of the order

             (4)  The order:

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

                     (b)  must specify:

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

                             (ii)  if paragraph (1)(b) applies--the State or Territory in which the domestic violence would occur or would be likely to occur; and

                            (iii)  the Commonwealth interests; and

                            (iv)  the domestic violence, or the threat in the Australian offshore area, as the case requires; and

                     (c)  must state that Divisions 3B and 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 at the end of the period specified in the order.

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 the Executive Council.

Effect of revocation of order etc.

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

Notice to State or self‑governing Territory

             (9)  If the order specifies a State or Territory under subparagraph (4)(b)(ii), 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 Territory 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

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