Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:1_51aa:p1
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 1 cl 51AA (pt 1/3)
Character Range: 3508–6345

51AA  Order about utilising Defence Force in the offshore area etc. to protect Commonwealth interests

Conditions for making of order utilising the Defence Force in the offshore area

 (1) Subsection (2) applies if the authorising Ministers are satisfied that:
 (a) there is a threat in the Australian offshore area to Commonwealth interests (whether in that area or elsewhere); and
 (b) the Defence Force should be called out and the Chief of the Defence Force should be directed to utilise the Defence Force in the Australian offshore area to protect the Commonwealth interests against the threat; and
 (c) either Division 2A or 3A, or both, and Division 4 should apply in relation to the order.

Power of Governor‑General to make order utilising the Defence Force in the Australian offshore area

 (2) If this subsection applies, the Governor‑General may, by written order, call out the Defence Force and direct the Chief of the Defence Force to utilise the Defence Force in the Australian offshore area to protect the Commonwealth interests against the threat concerned.

 (3) However, the Reserves must not be called out or utilised in connection with an industrial dispute.

Conditions for also utilising the Defence Force in the internal waters

 (4) Subsection (5) applies if the authorising Ministers are satisfied that:
 (a) in relation to the threat mentioned in paragraph (1)(a), domestic violence is occurring or is likely to occur in the internal waters of a State or self‑governing Territory; and
 (b) the State or Territory is not, 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 in the internal waters of the State or Territory to protect the Commonwealth interests against the domestic violence.

Power of Governor‑General to direct utilising the Defence Force in the internal waters

 (5) If this subsection applies, the Governor‑General may, in the order under subsection (2), also direct the Chief of the Defence Force to utilise the Defence Force in the internal waters of the State or Territory to protect the Commonwealth interests against the domestic violence.

Involvement of State or Territory

 (6) If subsection (5) applies:
 (a) the Governor‑General may make the direction referred to in subsection (5) whether or not the Government of the State or the self‑governing Territory requests the making of the direction; and
 (b) if the Government of the State or the self‑governing Territory does not request the making of the direction referred to in subsection (5), an authorising Minister must, subject to subsection (7), consult that Government about the making of the direction.

Exception to paragraph (6)(b)

 (7) However, paragraph (6)(b) does not apply if the