Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person or persons (the maker or makers ) referred to in subsection (2) may make a call out order, an infrastructure declaration or a specified area declaration if the maker or makers are satisfied that:
(a) because a sudden and extraordinary emergency exists, it is not practicable for an order or declaration to be made under the section under which the order or declaration would otherwise be made; and
(b) for a call out order or an infrastructure declaration--the circumstances referred to in subsection 33(1), 34(1), 35(1), 36(1) or 51H(2) (as the case requires) exist.
Who may make the order or declaration
(2) An order or declaration under this section may be made by:
(a) the Prime Minister; or
(b) the other 2 authorising Ministers jointly, but only if those Ministers are satisfied that the Prime Minister is unable to be contacted for the purposes of considering whether to make, and making, an order or declaration under this section; or
(c) an authorising Minister (the available authorising Minister ), jointly with any one of the following Ministers (the alternative Minister ):
(i) the Deputy Prime Minister;
(ii) the Foreign Affairs Minister;
(iii) the Treasurer;
(iv) the Minister for Home Affairs;
but only if the available authorising Minister and the alternative Minister are satisfied that the other authorising Ministers are unable to be contacted for the purposes of considering whether to make, and making, an order or declaration under this section.
Note 1: An order or declaration would not be required to be made under this section if an acting Prime Minister, or acting authorising Ministers, were available to make the order or declaration (see subsection 19(4) of the Acts Interpretation Act 1901 ).
Note 2: For the effect of the order, see sections 51V and 51W.
Order or declaration not in writing
(3) An order or declaration under this section need not be in writing. If it is not in writing, the maker or makers, and the Chief of the Defence Force, must each:
(a) make a written record (which may be electronic) of the order or declaration; and
(b) sign (including by electronic signature) the record; and
(c) in the case of a Minister (including the Prime Minister)--as soon as practicable:
(i) cause the record to be given to the Chief of the Defence Force; and
(ii) cause a copy of the record to be given to the Governor - General; and
(iii) for a specified area declaration--cause a copy of the record to be given to each of the Presiding Officers; and
(d) in the case of the Chief of the Defence Force--as soon as practicable:
(i) cause the record to be given to the Prime Minister; or
(ii) cause the record to be given to one of the other 2 Ministers, and cause a copy of the record to be given to the other Minister;
as the case requires.
However, a failure to comply with paragraph (c) or (d) does not affect the validity of the order or declaration.
References to certain circumstances
(4) To avoid doubt, a reference in paragraph (1)(b) to the circumstances referred to in subsection 33(1), 34(1), 35(1), 36(1) or 51H(2):
(a) does not include a reference to the authorising Ministers being satisfied as to particular matters; and
(b) in relation to a State protection order--includes a reference to a State Government or Government of a self - governing Territory having made an application of a kind referred to in subsection 35(1) or 36(1).