Document ID: chunk:federal_register_of_legislation:C2025C00176:section:37:p1
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 37 (pt 1/2)
Character Range: 65119–67871

37  Making, varying and revoking call out orders

Variation of order
 (1) The Governor‑General may, in writing, vary a call out order if:
 (a) the authorising Ministers are still satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); and
 (b) the order, as varied, complies (subject to subsection (2)) with the following provisions (as the case requires):
 (i) subsections 33(3) to (5);
 (ii) subsections 34(3) to (5);
 (iii) subsections 35(3) to (5);
 (iv) subsections 36(3) to (5); and
 (c) for a State protection order—the State or Territory that applied for the order requests the variation.
Note: See section 38 if a Commonwealth interests order specifies a State or self‑governing Territory that does not request a variation.
 (2) The Governor‑General may vary a call out order to extend the period during which the order is in force. However, a period that is varied in an order under section 33 or 35 must not end more than 20 days after the variation takes effect.
Note: Sections 33 and 35 allow the Defence Force to be called out immediately.

Revocation of order
 (3) The Governor‑General must, in writing, revoke a call out order if:
 (a) one or more authorising Ministers cease to be satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); or
 (b) for a State protection order—the State Government or Government of the self‑governing Territory withdraws its application to the Commonwealth Government for the call out order.

When variation or revocation takes effect
 (4) A variation or revocation of a call out order takes effect when the order is varied or revoked.

Advice to Governor‑General
 (5) In making, varying or revoking a call out order, the Governor‑General is to act with the advice of:
 (a) the Executive Council; or
 (b) without limiting paragraphs 16A(a) and (b) of the Acts Interpretation Act 1901, if, despite paragraph (a), an authorising Minister is satisfied that, for reasons of urgency, the Governor‑General should act with the advice of the authorising Minister—the authorising Minister.

Effect of revocation of call out order etc.
 (6) To avoid doubt, if a call out order is revoked or ceases to be in force:
 (a) the call out of the Defence Force under the order ends; and
 (b) the Chief of the Defence Force must cease utilising the Defence Force under section 39.

Notice to State or self‑governing Territory
 (7) As soon as reasonably practicable after making, varying or revoking a Commonwealth interests order that specifies a State or self‑governing Territory, an authorising Minister must arrange for the Government of the State or Territory to be notified of the making, variation or revocation of the order. However, a failure to do