Document ID: chunk:federal_register_of_legislation:C2004A00711:clause:1_51b
Version: federal_register_of_legislation:C2004A00711
Segment Type: clause
Provision Reference: sch 1 cl 51B
Character Range: 8179–9444

51B  Order about utilising Defence Force to protect State against domestic violence

Conditions for making of order

 (1) Subsection (2) applies if a State Government applies to the Commonwealth Government to protect the State against domestic violence that is occurring or is likely to occur in the State and the authorising Ministers are satisfied that:
 (a) the State is not, or is unlikely to be, able to protect itself against the domestic violence; and
 (b) 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 against the domestic violence; and
 (c) either Division 2 or Division 3, or both, and Division 4 should apply in relation to the order.

Power of Governor‑General to make order

 (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 to protect the State against the domestic violence.

 Note about amendment made by item 3 of this Schedule: The proviso to former section 51 of the Defence Act 1903, which will remain after the amendment made by item 3, is intended to form a proviso to the new subsection 51B(2) inserted by that item.