Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:1_51se:p2
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 1 cl 51SE (pt 2/2)
Character Range: 12910–14131

does not apply to giving an order unless:
 (a) the member of the Defence Force gives the order under, or under the authority of, an order (a superior order) of a superior; and
 (b) the member was under a legal obligation to obey the superior order; and
 (c) the superior order was not manifestly unlawful; and
 (d) the member has no reason to believe that circumstances have changed in a material way since the superior order was given; and
 (e) the member has no reason to believe that the superior order was based on a mistake as to a material fact; and
 (f) giving the order was reasonable and necessary to give effect to the superior order.

Ministerial authorisation

 (4) However, the member must not:
 (a) take any action mentioned in paragraph (1)(a); or
 (b) do any of the things mentioned in paragraph (1)(b) or (c) in connection with taking that action;
unless an authorising Minister has in writing authorised taking that action.

Exception

 (5) Subsection (4) does not apply if the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists.

Subdivision C—Powers that may be exercised anywhere in an offshore area