Document ID: chunk:federal_register_of_legislation:C2018A00158:clause:1_36:p1
Version: federal_register_of_legislation:C2018A00158
Segment Type: clause
Provision Reference: sch 1 cl 36 (pt 1/2)
Character Range: 23486–26218

36  Contingent call out of the Defence Force to protect States and Territories

Conditions for making order
 (1) The Governor‑General may make an order under subsection (3) if:
 (a) a State Government or Government of a self‑governing Territory applies to the Commonwealth Government to protect the State or Territory against domestic violence that would occur, or would be likely to occur, in the State or Territory if specified circumstances were to arise; and
 (b) the authorising Ministers are satisfied that, if the specified circumstances were to arise, for reasons of urgency, it would be impracticable for a State protection order to be made under section 35; and
 (c) the authorising Ministers are satisfied that, if the specified circumstances arise:
 (i) the Defence Force should be called out and the Chief of the Defence Force should be directed to utilise the Defence Force to protect the State or Territory against the domestic violence; and
 (ii) one or more of Divisions 3, 4 and 5 should apply in relation to the order.
Note: An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division 7).
 (2) In determining whether the authorising Ministers are satisfied as mentioned in subparagraph (1)(c)(i) in relation to domestic violence that would occur, or would be likely to occur, in the State or self‑governing Territory if specified circumstances were to arise, the authorising Ministers:
 (a) must consider:
 (i) the nature of the domestic violence; and
 (ii) whether the utilisation of the Defence Force would be likely to enhance the ability of the State or Territory to protect the State or Territory against the domestic violence; and
 (b) may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor‑General to make order
 (3) The Governor‑General may, by written order, specify that, if the specified circumstances arise:
 (a) the Defence Force is called out; and
 (b) the Chief of the Defence Force is directed to utilise the Defence Force to protect the State or Territory against the domestic violence.
Note: For additional rules in relation to making, varying and revoking call out orders, see section 37.
 (4) However, the Reserves must not be called out or utilised in connection with an industrial dispute.

Content of order
 (5) The order must:
 (a) state that it is made under this section; and
 (b) specify:
 (i) the circumstances to which the order relates; and
 (ii) the domestic violence; and
 (iii) the State or Territory; and
 (c) state which of Divisions 3, 4 and 5 apply in relation to the order; and
 (d) state that the order:
 (i) comes into force when it is made; and
 (ii) ceases to be in force at