Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:4_51ca:p3
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 4 cl 51CA (pt 3/4)
Character Range: 50965–53607

it is made under this section, and that it has effect as if it were an order made by the Governor‑General under section 51A, 51AA, 51AB, 51B or 51C (as the case requires); and
 (b) despite paragraph 51A(4)(d), 51AA(8)(d), 51AB(4)(d), 51B(3)(d) or 51C(3)(d) (as the case requires), must state that, unless it is revoked earlier, it ceases to be in force after a specified period (which must not be more than 5 days).

When order is in force

 (8) The order:
 (a) comes into force when it is made, or (if it is not in writing) when:
 (i) the Prime Minister, or the other 2 Ministers; and
 (ii) the Chief of the Defence Force;
  have complied with paragraph (4)(c); and
 (b) ceases to be in force as stated in accordance with paragraph (7)(b).

Authorisations and declarations during an expedited call out

 (9) If:
 (a) one or more authorising Ministers have the power to give an authorisation or make a declaration under a provision of Division 2, 3, 3A or 3B; and
 (b) that Division applies because of an order made under this section;
the authorisation or declaration need not be in writing, despite any requirement of the provision to the contrary.

 (10) If the authorisation or declaration is not in writing, the authorising Minister or authorising Ministers, and the Chief of the Defence Force, must each:
 (a) make a written record of the authorisation or declaration; and
 (b) sign the record; and
 (c) cause the signing of the record to be witnessed; and
 (d) in the case of an authorising Minister—as soon as practicable cause the record to be given to the Chief of the Defence Force; and
 (e) in the case of the Chief of the Defence Force—as soon as practicable:
 (i) cause the record to be given to the authorising Minister; or
 (ii) cause the record to be given to one of the authorising Ministers, and cause a copy of the record to be given to the other authorising Minister;
  as the case requires.
However, a failure to comply with paragraph (d) or (e) does not affect the validity of the authorisation or declaration.

 (11) If the authorisation or declaration is not in writing, it comes into force when the authorising Minister or authorising Ministers, and the Chief of the Defence Force, have complied with paragraph (10)(c).

References to certain circumstances

 (12) To avoid doubt, a reference in this section to the circumstances referred to in subsection 51A(1), 51AA(1), 51AB(1), 51B(1) or 51C(1):
 (a) does not include a reference to the authorising Ministers being satisfied as to particular matters; and
 (b) in relation to section 51B, includes a reference to a State Government having made an application of