Document ID: chunk:federal_register_of_legislation:C2018A00158:clause:1_46:p1
Version: federal_register_of_legislation:C2018A00158
Segment Type: clause
Provision Reference: sch 1 cl 46 (pt 1/3)
Character Range: 36886–39587

46  Special powers generally authorised by Minister

When special powers may be exercised
 (1) A member of the Defence Force who is being utilised under a call out order may, under the command of the Chief of the Defence Force, take an action under subsection (5), or exercise a power under subsection (7) or (9) in relation to taking such an action, if:
 (a) an authorising Minister has authorised in writing taking the action; or
 (b) the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists.
Note: An authorisation for the purposes of paragraph (1)(a) that relates to an expedited order is not required to be in writing (see section 51W).
 (2) An authorising Minister may, under paragraph (1)(a), authorise taking an action in relation to a contingent call out order even if the circumstances specified in the order have not yet arisen.
 (3) An authorising Minister must not, under paragraph (1)(a), authorise the taking of measures against an aircraft or vessel, or the giving of an order in relation to the taking of such a measure, under paragraph (5)(d) or (e) unless the Minister is satisfied that taking the measure:
 (a) is reasonable and necessary; or
 (b) for a contingent call out order—would be reasonable and necessary if the circumstances specified in the order were to arise.
 (4) Without limiting paragraph (1)(a), the taking of an action may be authorised under that paragraph in relation to:
 (a) particular domestic violence or a particular threat specified in the call out order; or
 (b) any domestic violence or threat specified in the call out order.
Note: For example, the taking of a particular action may be authorised for domestic violence specified in the order, while the taking of different action may be authorised for a threat specified in the order.

Taking authorised actions
 (5) The member may take any one or more of the following actions:
 (a) capture or recapture a location (including a facility) or thing;
 (b) prevent, or put an end to:
 (i) acts of violence; or
 (ii) threats to any person's life, health or safety, or to public health or public safety;
 (c) protect any persons from:
 (i) acts of violence; or
 (ii) threats to any person's life, health or safety, or to public health or public safety;
 (d) take measures (including the use of force) against an aircraft (whether or not the aircraft is airborne) or vessel, up to and including destroying the aircraft or vessel (subject to subsection (6));
 (e) give an order relating to the taking of measures referred to in paragraph (d) of this subsection (subject to subsection (6)).
 (6) Paragraphs (5)(d)