Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:4_51ca:p2
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 4 cl 51CA (pt 2/4)
Character Range: 48670–51198

of this section—the Prime Minister is satisfied that the circumstances referred to in subsection 51AA(4) exist in relation to that State or Territory; or
 (b) if the order is made under subsection (2) or (2A) of this section—the other 2 Ministers are satisfied that the circumstances referred to in subsection 51AA(4) exist in relation to that State or Territory.

Order not in writing

 (4) An order under this section need not be in writing. If it is not in writing, the Prime Minister or the other 2 Ministers (as the case requires), and the Chief of the Defence Force, must each:
 (a) make a written record of the order; and
 (b) sign the record; and
 (c) cause the signing of the record to be witnessed; and
 (d) in the case of the Prime Minister or another Minister—as soon as practicable:
 (i) cause the record to be given to the Chief of the Defence Force; and
 (ii) cause a copy of the record to be given to the Governor‑General; and
 (e) in the case of the Chief of the Defence Force—as soon as practicable:
 (i) cause the record to be given to the Prime Minister; or
 (ii) cause the record to be given to one of the other 2 Ministers, and cause a copy of the record to be given to the other Minister;
  as the case requires.
However, a failure to comply with paragraph (d) or (e) does not affect the validity of the order.

The effect of the order

 (5) Subject to subsections (7) and (8) of this section, an order made under this section has effect, for all purposes (other than this section), as if it were an order made by the Governor‑General under section 51A, 51AA, 51AB, 51B or 51C (as the case requires). In particular:
 (a) subsection 51A(4), 51AA(8), 51AB(4), 51B(3) or 51C(3) (as the case requires) applies to the order; and
 (b) the Governor‑General may revoke the order in the same way, and in the same circumstances, as he or she may revoke an order under section 51A, 51AA, 51AB, 51B or 51C (as the case requires).

 (6) For the purposes of paragraph (5)(b), the reference in subsection 51A(6), 51AA(10) or 51AB(6) or paragraph 51B(5)(b) or 51C(5)(b) (as the case requires) to the authorising Ministers ceasing to be satisfied is taken to be a reference to them not being satisfied.

Content of the order

 (7) An order made under this section:
 (a) must state that it is made under this section, and that it has effect as if it were an order made by the Governor‑General under section 51A, 51AA, 51AB, 51B or 51C (as the case requires); and
 (b) despite paragraph 51A(4)(d), 51AA(8)(d), 51AB(4)(d),