Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:3_51ab:p1
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 3 cl 51AB (pt 1/2)
Character Range: 37484–40243

51AB  Order about utilising Defence Force to protect Commonwealth interests against violence if specified circumstances arise

Conditions for making of order

 (1) Subsection (2) applies if the authorising Ministers are satisfied that:
 (a) if specified circumstances were to arise:
 (i) domestic violence would occur or would be likely to occur in Australia that would, or would be likely to, affect Commonwealth interests; or
 (ii) there would be, or it is likely there would be, a threat in the Australian offshore area to Commonwealth interests (whether in that area or elsewhere);
  and, for reasons of urgency, it would be impracticable for the Governor‑General to make an order under section 51A or 51AA (as the case requires); and
 (b) if subparagraph (a)(i) applies—the domestic violence would occur or would be likely to occur in a State or self‑governing Territory that would not be, or is unlikely to be, able to protect the Commonwealth interests against the domestic violence; and
 (c) the Chief of the Defence Force should be directed to utilise the Defence Force to protect the Commonwealth interests against the violence, or the threat in the Australian offshore area, if the specified circumstances arise; and
 (d) Divisions 3B and 4 should apply in relation to the order.

Power of Governor‑General to make order

 (2) If this subsection applies, the Governor‑General may, by written order, direct the Chief of the Defence Force to utilise the Defence Force to protect the Commonwealth interests against the domestic violence, or the threat in the Australian offshore area, if the specified circumstances arise.

Involvement of State or Territory

 (3) If paragraph (1)(b) applies:
 (a) the Governor‑General may make the order whether or not the Government of the State or the self‑governing Territory requests the making of the order; and
 (b) if the Government of the State or the self‑governing Territory does not request the making of the order, an authorising Minister must consult that Government about the making of the order before the Governor‑General makes it.

Content of the order

 (4) The order:
 (a) must state that it is made under this section; and
 (b) must specify:
 (i) the circumstances to which the order relates; and
 (ii) if paragraph (1)(b) applies—the State or Territory in which the domestic violence would occur or would be likely to occur; and
 (iii) the Commonwealth interests; and
 (iv) the domestic violence, or the threat in the Australian offshore area, as the case requires; and
 (c) must state that Divisions 3B and 4 apply in relation to the order; and
 (d) must state that the order comes into force when it is made and that, unless it is revoked earlier, it ceases to be in force at the end of the