Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51C

Conditions for making of order

             (1)  Subsection (2) applies if the Government of a self‑governing Territory applies to the Commonwealth Government to protect the Territory against domestic violence that is occurring or is likely to occur in the Territory and the authorising Ministers are satisfied that:

                     (a)  the Territory is not, or is unlikely to be, able to protect itself against the domestic violence; and

                     (b)  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 Territory against the domestic violence; and

                     (c)  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 Territory 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.

Content of the order

             (3)  The order:

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

                     (b)  must specify the Territory 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

             (4)  The order is in force as stated in accordance with paragraph (3)(d).

Revocation of order

             (5)  If:

                     (a)  the Government of the Territory withdraws its application to the Commonwealth Government; or

                     (b)  the authorising Ministers cease to be satisfied as mentioned in subsection (1);

the Governor‑General must revoke the order.

Advice to Governor‑General

             (6)  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.

             (7)  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).

Further orders

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