Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 35

Conditions for making order

  (1)   The Governor - General may make an order under subsection   (3) if:

  (a)   a State Government or Government of a self - governing Territory applies to the Commonwealth Government to protect the State or Territory against domestic violence that is occurring, or is likely to occur, in the State or Territory; and

  (b)   the authorising Ministers are satisfied that:

  (i)   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 State or Territory against the domestic violence; and

  (ii)   one or more of Divisions   3, 4 and 5 should apply in relation to the order.

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

  (2)   In determining whether the authorising Ministers are satisfied as mentioned in subparagraph   (1)(b)(i) in relation to domestic violence that is occurring, or is likely to occur, in the State or self - governing Territory, the authorising Ministers:

  (a)   must consider:

  (i)   the nature of the domestic violence; and

  (ii)   whether the utilisation of the Defence Force would be likely to enhance the ability of the State or Territory to protect the State or Territory against the domestic violence; and

  (b)   may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor - General to make order

  (3)   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 State or Territory against the domestic violence.

Note:   For additional rules in relation to making, varying and revoking call out orders, see section   37.

  (4)   However, the Reserves must not be called out or utilised in connection with an industrial dispute.

Content of order

  (5)   The order must:

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

  (b)   specify:

  (i)   the domestic violence; and

  (ii)   the State or Territory; and

  (c)   state which of Divisions   3, 4 and 5 apply in relation to the order; and

  (d)   state that the order:

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

  (ii)   ceases to be in force at the end of a specified period (which must not end more than 20 days after it is made), unless it is revoked earlier.

When order is in force

  (6)   The order is in force as stated in accordance with paragraph   (5)(d).

Note:   The order can be extended under section   37.