DEFENCE ACT 1903 - SECT 51H Infrastructure declaration

DEFENCE ACT 1903 - SECT 51H

  (1)   The authorising Ministers may, in writing, declare that particular infrastructure, or a part of particular infrastructure, in Australia or in the Australian offshore area is declared infrastructure (whether or not a call out order is in force).

Note:   An expedited declaration may be made by one or more other Ministers in sudden and extraordinary emergencies (see Division   7).

  (2)   However, the authorising Ministers may do so only if they believe on reasonable grounds that:

  (a)   either:

  (i)   there is a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; or

  (ii)   if a contingent call out order is in force--if the circumstances specified in the order were to arise, there would be a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; and

  (b)   the damage or disruption would directly or indirectly endanger the life of, or cause serious injury to, any person.

  (3)   The authorising Ministers must, in writing, revoke the declaration if:

  (a)   any one or more of the authorising Ministers cease to believe the matters in subsection   ( 2); or

  (b)   if the declaration was requested by a State or self - governing Territory--the State or Territory requests the revocation.

  (4)   The authorising Ministers may, in writing, vary or revoke the declaration in any other circumstances.

  (5)   An infrastructure declaration:

  (a)   comes into force when it is made; and

  (b)   ceases to be in force:

  (i)   if the declaration specifies a period--at the end of the specified period; or

  (ii)   otherwise--when the declaration is revoked.

Note:   A period specified in an infrastructure declaration might be different from a period specified in a call out order to which the declaration relates.

Declarations involving States and Territories that have not been requested

  (6)   The authorising Ministers may make the declaration in relation to infrastructure, or a part of infrastructure, that is in a State or a self - governing Territory whether or not the Government of the State or the self - governing Territory requests the making of the declaration.

  (7)   However, if the Government of the State or the self - governing Territory does not request the declaration, an authorising Minister must (subject to subsection   ( 8)) consult that Government about the declaration before the Ministers make it.

Note:   An authorising Minister is not required to consult in relation to an expedited infrastructure declaration (see subsection   51V(6)).

  (8)   Subsection   ( 7) does not apply if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with that subsection.