Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51SF

             (1)  The authorising Ministers may, in writing, declare that a specified area is an offshore general security area for the purposes of the application of this Division and Division 4 in relation to members of the Defence Force who are being utilised in accordance with section 51D.

             (2)  The area:

                     (a)  may be specified by reference to an area surrounding one or more vessels or aircraft, or surrounding a class of vessels or aircraft, being an area the boundaries of which change as the location of the vessels or aircraft changes; and

                     (b)  may include areas within the internal waters of a State or Territory if the order under section 51AA includes the internal waters of the State or Territory.

Statement to be made available

             (3)  If the authorising Ministers make a declaration under subsection (1), they must arrange for a statement that:

                     (a)  summarises the content of the order under section 51AA; and

                     (b)  states that the declaration has been made; and

                     (c)  describes the offshore general security area and its boundaries;

to be:

                     (d)  notified to persons in the offshore general security area to the extent that this is practicable; and

                     (e)  published in the Gazette ; and

                      (f)  forwarded, within 24 hours after the declaration is made, to the Presiding Officer of each House of the Parliament for tabling in that House.

             (4)  However, subsection (3) does not apply if the authorising Ministers declare, in writing, that they are satisfied that the application of subsection (3) would prejudice the exercise of powers under Subdivision B by members of the Defence Force who are being utilised in accordance with section 51D.

Houses to sit within 6 days

             (5)  Each House of the Parliament must sit within 6 days after its Presiding Officer receives the statement that is forwarded in accordance with paragraph (3)(f).

Effect of failure to publish

             (6)  A failure to comply with subsection (3) does not make the declaration ineffective to any extent.