Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51XA

Independent review where first orders made

             (1)  If:

                     (a)  before the end of 3 years after the commencement of this Part:

                              (i)  an order under Division 1 ceases to be in force, where the order is not one of 2 or more orders to which subparagraph (ii) applies; or

                             (ii)  2 or more orders under Division 1 cease to be in force, where the orders were about the same or related circumstances and came into force in succession, without any intervening period when no such order was in force; and

                     (b)  no order under Division 1 had previously been made;

the Minister must, subject to subsection (2), before the end of 6 months after the order mentioned in subparagraph (a)(i), or the last of the orders mentioned in subparagraph (a)(ii), ceases to be in force, arrange for the carrying out of an independent review (see subsection (6)) of the operation of this Part in relation to the order or orders.

Independent review not required if Parliamentary committee report

             (2)  Subsection (1) does not apply if a committee of one or both of the Houses of the Parliament has already presented a report to that House or both of the Houses, as the case may be, about the operation of this Part in relation to the order or orders.

Independent review where no orders made

             (3)  If no order under Division 1 ceases to be in force before the end of 3 years after the commencement of this Part, the Minister must, subject to subsection (4), as soon as practicable after those 3 years, arrange for the carrying out of an independent review of the operation of this Part during those 3 years.

Independent review not required if Parliamentary committee report

             (4)  Subsection (3) does not apply if a committee of one or both of the Houses of the Parliament has already presented a report to that House or those Houses, as the case may be, about the operation of this Part during those 3 years.

Tabling of report of independent review

             (5)  The Minister must arrange for a copy of the report of any independent review under subsection (1) or (3) to be tabled in each House of the Parliament within 5 sitting days of that House after the Minister is given the report.

Meaning of "independent review"

             (6)  In this section:

"independent review" means a review, and report to the Minister, by 2 or more persons who:

                     (a)  in the Minister's opinion, possess appropriate qualifications to carry out the review; and

                     (b)  include at least one person who:

                              (i)  is not employed by the Commonwealth or a Commonwealth authority; and

                             (ii)  has not, since the commencement of this Part, provided services to the Commonwealth or a Commonwealth authority under or in connection with a contract.