Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51S

Members who fail to comply with obligations

  (1)   If, before, while or after exercising a power under any of Divisions   3 to 5 or this Division, a member of the Defence Force fails to comply with any obligation imposed under this Part that relates to the exercise of the power, the member is not, and is taken not to have been, entitled to exercise the power unless the member exercised the power in good faith.

Members exercising powers in relation to invalid order etc.

  (2)   A member of the Defence Force is not liable to an action, suit or proceeding, whether civil or criminal, in relation to the exercise, or purported exercise, of powers under any of Divisions   3 to 5 or this Division in relation to a call out order, infrastructure declaration, specified area declaration or authorisation if:

  (a)   the order, declaration or authorisation was not validly made; and

  (b)   if the member made the authorisation--the powers were exercised or purportedly exercised in good faith.