Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:1_51aa:p2
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 1 cl 51AA (pt 2/3)
Character Range: 6085–8678

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 authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with the requirements of that paragraph.

Content of the order

 (8) The order:
 (a) must state that it is made under this section; and
 (b) must specify:
 (i) the threat to which the order relates; and
 (ii) the Commonwealth interests; and
 (iii) if the order includes a direction mentioned in subsection (5)—the State or Territory to which the direction relates and the domestic violence; and
 (c) must state that Division 2A or 3A, or both, and Division 4 apply in relation to the order; and
 (d) must state that the order comes into force when it is made and that, unless it is revoked earlier, it ceases to be in force after a specified period (which must not be more than 20 days).

When order is in force

 (9) The order is in force as stated in accordance with paragraph (8)(d).

Revocation of order

 (10) If the authorising Ministers cease to be satisfied as mentioned in subsection (1), the Governor‑General must revoke the order.

Advice to Governor‑General

 (11) In making or revoking the order, the Governor‑General is to act with the advice of:
 (a) except where paragraph (b) applies—the Executive Council; or
 (b) if an authorising Minister is satisfied that, for reasons of urgency, the Governor‑General should, for the purposes of this subsection, act with the advice of the authorising Minister—the authorising Minister.

Effect of revocation of order etc.

 (12) To avoid doubt, if the order is revoked or ceases to be in force, the call out of the Defence Force under the order ends and the Chief of the Defence Force must cease utilising the Defence Force as mentioned in subsection (2) or (5).

Notice to State or self‑governing Territory

 (13) If the order includes a direction mentioned in subsection (5), then as soon as is reasonably practicable after the order is made or revoked, an authorising Minister must arrange for the Government of the State or the self‑governing Territory specified in the order to be notified of the making or revocation of the order. However, if this is not done, the validity of the making or revocation of the order is not affected.

Further orders

 (14) The fact that the order has been made does not prevent further orders being made in relation to the same matter.