the Chief of Navy; and

the Permanent Navy; and

the Naval Reserve.

officers appointed to, and sailors enlisted in, the Permanent Navy; and

members of the Defence Force transferred to the Permanent Navy.

officers appointed to, and sailors enlisted in, the Naval Reserve; and

members of the Defence Force transferred to the Naval Reserve.

the Chief of Army; and

the Regular Army; and

the Army Reserve.

officers appointed to, and soldiers enlisted in, the Regular Army; and

members of the Defence Force transferred to the Regular Army.

officers appointed to, and soldiers enlisted in, the Army Reserve; and

members of the Defence Force transferred to the Army Reserve.

the Chief of Air Force; and

the Permanent Air Force; and

the Air Force Reserve.

officers appointed to, and airmen enlisted in, the Permanent Air Force; and

members of the Defence Force transferred to the Permanent Air Force.

officers appointed to, and airmen enlisted in, the Air Force Reserve; and

members of the Defence Force transferred to the Air Force Reserve.

must be in writing; and

may be revoked or varied by the Chief of the Defence Force at any time; and

(c) has effect subject to any terms and conditions (the flexible service terms and conditions) set out in the determination.

continuous full time service;

service other than continuous full time service.

war or warlike operations;

a time of defence emergency;

defence preparation;

peacekeeping or peace enforcement;

assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;

support to community activities of national or international significance;

civil aid, humanitarian assistance, medical or civil emergency or disaster relief.

Advice to Governor-General

any of the following applies:

domestic violence that would, or would be likely to, affect Commonwealth interests is occurring or is likely to occur in Australia;

there is a threat in the Australian offshore area to Commonwealth interests (whether those interests are in that area or elsewhere);

domestic violence that would, or would be likely to, affect Commonwealth interests is occurring or is likely to occur in Australia, and there is a threat in the Australian offshore area to those or any other Commonwealth interests; and

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 Commonwealth interests against the domestic violence or threat, or both; and

one or more of Divisions 3, 4 and 5 should apply in relation to the order.

must consider:

the nature of the domestic violence; and

whether the utilisation of the Defence Force would be likely to enhance the ability of each of those States and Territories to protect the Commonwealth interests against the domestic violence; and

may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor-General to make order

state that it is made under this section; and

specify:

the domestic violence or threat, or both; and

the Commonwealth interests; and

for domestic violence occurring or likely to occur in one or more States or self-governing Territories—each of those States and Territories; and

state which of Divisions 3, 4 and 5 apply in relation to the order; and

state that the order:

comes into force when it is made; and

ceases to be in force at the end of a specified period (which must not end more than 20 days after it is made), unless it is revoked earlier.

When order is in force

if specified circumstances were to arise:

domestic violence that would, or would be likely to, affect Commonwealth interests would occur, or would be likely to occur, in Australia; or

there would be, or it is likely there would be, a threat in the Australian offshore area to Commonwealth interests (whether those interests are in that area or elsewhere); or

domestic violence that would, or would be likely to, affect Commonwealth interests would occur, or would be likely to occur, in Australia and there would be, or it is likely there would be, a threat in the Australian offshore area to those or any other Commonwealth interests; and

if the specified circumstances were to arise, for reasons of urgency, it would be impracticable for a Commonwealth interests order to be made under section 33; and

if the circumstances arise, 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 Commonwealth interests against the violence or threat, or both; and

if the circumstances arise, one or more of Divisions 3, 4 and 5 should apply in relation to the order.

must consider:

the nature of the domestic violence; and

whether the utilisation of the Defence Force would be likely to enhance the ability of each of those States and Territories to protect the Commonwealth interests against the domestic violence; and

may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor-General to make order

the Defence Force is called out; and

the Chief of the Defence Force is directed to utilise the Defence Force to protect the Commonwealth interests against the domestic violence or threat, or both.

state that it is made under this section; and

specify:

the circumstances to which the order relates; and

the domestic violence or threat, or both; and

the Commonwealth interests; and

for domestic violence that would, or would be likely to, occur in one or more States or self-governing Territories—each of those States and Territories; and

state which of Divisions 3, 4 and 5 apply in relation to the order; and

state that the order:

comes into force when it is made; and

ceases to be in force at the end of a specified period, unless it is revoked earlier.

When order is in force

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 is occurring, or is likely to occur, in the State or Territory; and

the authorising Ministers are satisfied that:

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

one or more of Divisions 3, 4 and 5 should apply in relation to the order.

must consider:

the nature of the domestic violence; and

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

may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor-General to make order

state that it is made under this section; and

specify:

the domestic violence; and

the State or Territory; and

state which of Divisions 3, 4 and 5 apply in relation to the order; and

state that the order:

comes into force when it is made; and

ceases to be in force at the end of a specified period (which must not end more than 20 days after it is made), unless it is revoked earlier.

When order is in force

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

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

the authorising Ministers are satisfied that, if the specified circumstances arise:

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

one or more of Divisions 3, 4 and 5 should apply in relation to the order.

must consider:

the nature of the domestic violence; and

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

may consider any other matter that the authorising Ministers consider is relevant.

Power of Governor-General to make order

the Defence Force is called out; and

the Chief of the Defence Force is directed to utilise the Defence Force to protect the State or Territory against the domestic violence.

state that it is made under this section; and

specify:

the circumstances to which the order relates; and

the domestic violence; and

the State or Territory; and

state which of Divisions 3, 4 and 5 apply in relation to the order; and

state that the order:

comes into force when it is made; and

ceases to be in force at the end of the period specified in the order, unless it is revoked earlier.

When order is in force

the authorising Ministers are still satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); and

the order, as varied, complies (subject to subsection (2)) with the following provisions (as the case requires):

subsections 33(3) to (5);

subsections 34(3) to (5);

subsections 35(3) to (5);

subsections 36(3) to (5); and

for a State protection order—the State or Territory that applied for the order requests the variation.

one or more authorising Ministers cease to be satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); or

for a State protection order—the State Government or Government of the self-governing Territory withdraws its application to the Commonwealth Government for the call out order.

When variation or revocation takes effect

the Executive Council; or

(b) without limiting paragraphs 16A(a) and (b) of the Acts Interpretation Act 1901, if, despite paragraph (a), an authorising Minister is satisfied that, for reasons of urgency, the Governor-General should act with the advice of the authorising Minister—the authorising Minister.

Effect of revocation of call out order etc.

the call out of the Defence Force under the order ends; and

the Chief of the Defence Force must cease utilising the Defence Force under section 39.

Notice to State or self-governing Territory

the Governor-General makes a call out order; and

for a contingent call out order—the circumstances specified in the order arise.

must (subject to paragraph (b)) comply with any direction that the Minister gives from time to time as to the way in which the Defence Force is to be utilised; and

must not stop or restrict any protest, dissent, assembly or industrial action, except if there is a reasonable likelihood of:

the death of, or serious injury to, persons; or

serious damage to property.

the Defence Force:

is utilised to assist any State or Territory specified in the order, and any other State or Territory in which powers under this Part may be exercised in accordance with section 44 or 51K or subsection 51(5); and

cooperates with the police force of those States and Territories; and

the Defence Force is not utilised for any particular task in any of those States and Territories (except in relation to airborne aircraft) unless a member of the police force of that State or Territory requests that the Defence Force be so utilised.

the exercise of the power in that State or Territory is authorised by the order; or

the power is exercised for the purpose specified in the order under subsection 33(3), 34(3), 35(3) or 36(3).

the State is specified in the order; or

the powers are exercised in a State that is not specified in the order for the purpose of protecting a State that is specified in the order against domestic violence that is occurring in that State; or

the powers are exercised in a State that is not specified in the order for the purpose of protecting Commonwealth interests in the Australian offshore area, as specified in the order.

an authorising Minister has authorised in writing taking the action; or

the member believes on reasonable grounds that there is insufficient time to obtain the authorisation because a sudden and extraordinary emergency exists.

is reasonable and necessary; or

for a contingent call out order—would be reasonable and necessary if the circumstances specified in the order were to arise.

particular domestic violence or a particular threat specified in the call out order; or

any domestic violence or threat specified in the call out order.

Taking authorised actions

capture or recapture a location (including a facility) or thing;

prevent, or put an end to:

acts of violence; or

threats to any person’s life, health or safety, or to public health or public safety;

protect any persons from:

acts of violence; or

threats to any person’s life, health or safety, or to public health or public safety;

take measures (including the use of force) against an aircraft (whether or not the aircraft is airborne) or vessel, up to and including destroying the aircraft or vessel (subject to subsection (6));

give an order relating to the taking of measures referred to in paragraph (d) of this subsection (subject to subsection (6)).

(a) the member of the Defence Force takes the measure, or gives the member’s order, under, or under the authority of, an order (the superior’s order) of a superior; and

the member was under a legal obligation to obey the superior’s order; and

the superior’s order was not manifestly unlawful; and

the member has no reason to believe that circumstances have changed in a material way since the superior’s order was given; and

the member has no reason to believe that the superior’s order was based on a mistake as to a material fact; and

taking the measure, or giving the member’s order, was reasonable and necessary to give effect to the superior’s order.

Additional powers

free any hostage from a location (including a facility) or thing;

control the movement of persons or of means of transport;

evacuate persons to a place of safety;

search persons, locations or things for things that may be seized, or persons who may be detained, in relation to the call out order;

seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;

detain any person found in the search that the member believes on reasonable grounds is a person who may be detained in relation to the call out order for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;

provide security (whether or not armed, and whether or not with a police force) including by patrolling or securing an area or conducting cordon operations;

direct a person to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);

operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport).

the person is a member of the Defence Force; and

the person is exercising powers under this Division, or under Division 6 (provisions common to Divisions 3 to 5) in its operation in relation to this Division; and

the person does not, at all times while exercising those powers:

wear the person’s uniform; and

have the person’s surname, the person’s numbers, or the person’s combination of numbers and letters of the alphabet, on or attached to the uniform in a place that is visible.

Exception

the contravention by the person occurs because of an act of another person (not being a member of the Defence force) done without the consent of the person; or

the power is taken not to be exercised under this Division because of section 43 (powers that may be exercised under Divisions 3 and 4).

Members to be given means to comply with obligations

a part of a State or Territory that is specified in the call out order;

if the call out order specifies a threat in the Australian offshore area—a part of the Australian offshore area.

comes into force when it is made; and

ceases to be in force if:

it is revoked; or

the call out order to which it relates ceases to be in force.

Declaration of areas in the Australian offshore area and internal waters

that surrounds one or more vessels or classes of vessels; and

whose boundaries change as the location of the vessels change.

may move from the internal waters of a State or self-governing Territory that is specified in the call out order to the internal waters of another State or self-governing Territory if the vessel so moves; and

may move from the internal waters of a State or self-governing Territory to the Australian offshore area if the vessel so moves; and

may move from the Australian offshore area to the internal waters of a State or Territory if the vessel so moves.

However, the area does not move beyond the Australian offshore area, even if the vessel so moves.

Statement to be prepared

summarises the content of the call out order to which the declaration relates, but without including any reference to whether Division 3 applies in relation to the order; and

states that the declaration has been made; and

describes the specified area and its boundaries.

except in the Australian offshore area—be broadcast or otherwise made public by television, radio or electronic means so as to be capable of being received within the specified area; and

in the Australian offshore area—be notified to persons in the Australian offshore area to the extent practicable; and

in any case—be forwarded, within 24 hours after the declaration is made, to the Presiding Officer of each House of the Parliament for tabling in that House.

the call out order states that Division 3 applies in relation to the order; and

the authorising Ministers declare, in writing, that they are satisfied that the application of subsections (6) and (7) would prejudice the exercise of powers under Division 3 by members of the Defence Force who are being utilised under the call out order.

Houses to sit within 6 days

a person who is likely to pose a threat to:

any person’s life, health or safety; or

public health or public safety; or

a thing that is likely to:

pose a threat to any person’s life, health or safety; or

pose a threat to public health or public safety; or

cause serious damage to property; or

a person or thing connected with the domestic violence or threat specified in the order.

Content of authorisation

authorise any member of the Defence Force who is being utilised under the call out order to enter and search:

all premises within the specified area; or

specified premises within the specified area (including premises specified by referring to an area or a class of premises);

for the purpose of:

finding the person or thing mentioned in subsection (1); or

determining that the person or thing mentioned in subsection (1) is not on those premises; and

authorise any member conducting a search under the authorisation to seize any thing found on the premises in the course of the search that the member believes on reasonable grounds to be a thing that may be seized in relation to the call out order; and

state that, if any member conducting a search under the authorisation believes on reasonable grounds that a person who is at or near premises while the search is being carried out has any thing that may be seized in relation to the call out order in the person’s possession, the member is authorised to:

search the person; and

seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order; and

state that, if the member finds a person at or near premises in the course of a search under the authorisation whom the member believes on reasonable grounds to be a person who may be detained in relation to the call out order, the member is authorised to:

require the person to provide identification to the member; and

detain the person for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time; and

state the time during which the authorisation remains in force, which must not be more than 24 hours.

Effect of the authorisation

tell the person that the member is a member of the Defence Force; and

give that person a document that:

states that the search is authorised under this Division; and

sets out the effect of this section and section 51C (occupier etc. entitled to be present during search); and

states that things may be seized during the search; and

sets out contact details for inquiries in relation to things that are so seized.

Right of person searched to be given information

a person who is likely to pose a threat to:

any person’s life, health or safety; or

public health or public safety; or

a person who has in the person’s possession a thing that is likely to:

pose a threat to any person’s life, health or safety; or

pose a threat to public health or public safety; or

cause serious damage to property; or

a person connected with the domestic violence or threat specified in the order; or

a thing that is likely to:

pose a threat to any person’s life, health or safety; or

pose a threat to public health or public safety; or

cause serious damage to property; or

a thing connected with the domestic violence or threat specified in the order.

Powers relating to any means of transport or person, and other general powers

erect barriers or other structures, at the border of, or in any part of, the specified area;

stop any person (including a person mentioned in subsection (1)), or means of transport, in the specified area (whether or not barriers were erected);

direct any person:

(i) not to enter the specified area; or

to leave, or not to leave, the specified area; or

to move from a place in the specified area to another place in the specified area; or

not to move from a place in the specified area to another place in the specified area;

direct a person in charge of any means of transport:

not to bring the means of transport into the specified area; or

(ii) to take, or not to take, the means of transport out of the specified area; or

to take the means of transport from a place in the specified area to another place in the specified area; or

(iv) not to take the means of transport from a place in the specified area to any other place, or to a specified place, in the specified area;

if there is no person in charge of a means of transport that is in a specified area—take any action that is reasonable and necessary for either of the following purposes:

taking the means of transport out of the specified area;

taking the means of transport from a place in the specified area to another place in the specified area;

(f) direct a person in charge of a means of transport not to move the means of transport within the specified area (including by bringing it into or taking it out of that area) unless the person agrees to a member searching:

the person; and

the means of transport and any thing in or on the means of transport;

direct any person not to move within the specified area (including by coming into or going out of that area) unless the person agrees to a member searching the person;

if a person agrees to a search under paragraph (f) or (g)—conduct the search and:

seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order; or

detain the person, if the member believes on reasonable grounds that the person is a person who may be detained in relation to the call out order, for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;

direct a person in the specified area to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);

operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport), if the member believes on reasonable grounds that doing so is reasonable and necessary for the purpose of:

preserving the life or safety of any person in the specified area; or

protecting against the threat of the person or thing mentioned in subsection (1).

Search and seizure powers relating to specific means of transport

detain the means of transport;

search the means of transport, and any thing found in or on the means of transport;

seize any thing (including a means of transport) found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;

detain any person found in the search who the member believes on reasonable grounds is a person who may be detained in relation to the call out order for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time.

search the suspect;

seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;

detain the suspect if the member believes on reasonable grounds that the suspect is a person who may be detained in relation to the call out order for the purpose of placing the suspect in the custody of a member of a police force at the earliest practicable time.

either:

there is a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; or

if a contingent call out order is in force—if the circumstances specified in the order were to arise, there would be a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; and

the damage or disruption would directly or indirectly endanger the life of, or cause serious injury to, any person.

any one or more of the authorising Ministers cease to believe the matters in subsection (2); or

if the declaration was requested by a State or self-governing Territory—the State or Territory requests the revocation.

comes into force when it is made; and

ceases to be in force:

if the declaration specifies a period—at the end of the specified period; or

otherwise—when the declaration is revoked.

Declarations involving States and Territories that have not been requested

the exercise of the power in that State or Territory is authorised by the order; or

the power is exercised for the purpose specified in the order under subsection 33(3), 34(3), 35(3) or 36(3).

the State is specified in the order; or

the powers are exercised in a State that is not specified in the order for the purpose of protecting a State that is specified in the order against domestic violence that is occurring in that State; or

the powers are exercised in a State that is not specified in the order for the purpose of protecting Commonwealth interests in the Australian offshore area, as specified in the order.

prevent, or put an end to, damage or disruption to the operation of the declared infrastructure;

prevent, or put an end to:

acts of violence; or

threats to any person’s life, health or safety, or to public health or public safety;

protect any persons from:

acts of violence; or

threats to any person’s life, health or safety, or to public health or public safety.

control the movement of persons or of means of transport;

evacuate persons to a place of safety;

search persons, locations or things for any thing that may be seized, or any persons who may be detained, in relation to the call out order;

seize any thing found in the search that the member believes on reasonable grounds is a thing that may be seized in relation to the call out order;

detain any person found in the search that the member believes on reasonable grounds:

is a person who may be detained in relation to the call out order; or

is a person who is likely to pose a risk to the operation or integrity of declared infrastructure;

for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time;

provide security (whether or not armed, and whether or not with a police force) including by patrolling or securing an area or conducting cordon operations;

direct a person to answer a question put by the member, or to produce to the member a particular document that is readily accessible to the person, (including by requiring the person to provide identification to the member);

operate, or direct a person to operate, a facility, machinery or equipment (including electronic equipment) in a particular manner (whether or not the facility, machinery or equipment is on a facility or means of transport).

may use such force against persons and things as is reasonable and necessary in the circumstances (subject to subsections (2) and (3)); and

if using force against persons—must do so in accordance with this section.

Restrictions on use of force

the member believes on reasonable grounds that doing that thing:

is necessary to protect the life of, or to prevent serious injury to, a person (including the member); or

in relation to powers exercised under Division 5—is necessary to protect the declared infrastructure in respect of which the powers are being exercised against the domestic violence or threat specified in the call out order; or

in relation to powers exercised under paragraph 46(5)(d) or (e)—is reasonable and necessary to give effect to the order under which, or under the authority of which, the member is acting; and

if a person against whom force is to be used is attempting to escape being detained by fleeing—the person has, if practicable, been called on to surrender and the member believes on reasonable grounds that the person cannot be apprehended in any other manner.

the offence against the law of the Commonwealth, the State or the Territory that the person is reasonably believed to have committed;

both of the following:

that the person is believed to be likely to pose a threat to any person’s life, health or safety, or to public health or public safety;

the reasons for that belief;

both of the following:

that the person is believed to be likely to pose a risk to the operation or integrity of declared infrastructure;

the reasons for that belief.

the person should, in the circumstances, know the substance of the offence, threat or risk; or

the person’s actions make it impracticable for the member to inform the person of the offence, threat or risk.

the member believes on reasonable grounds that it is reasonable and necessary to do so to make the thing safe; or

the member believes on reasonable grounds:

that using the thing would be likely to pose a threat to any person’s life, health or safety, or to public health or public safety, or cause serious damage to property; and

that it is reasonable and necessary to destroy it to prevent it from being used.

give the person a receipt for the thing (even if the thing has been destroyed), if it is practicable to do so; and

if the thing has not been destroyed and the member believes on reasonable grounds that the thing has been used or otherwise involved in the commission of an offence against a law of the Commonwealth, a State or a Territory—give the thing to a member of a police force at the earliest practicable time; and

if the thing has not been destroyed and paragraph (b) does not apply:

return the thing to the person, if it is practicable to do so; or

give it to a member of a police force, at the earliest practicable time.

require the person to provide identification to the member; and

detain the person for the purpose of placing the person in the custody of a member of a police force at the earliest practicable time.

the person is given a direction under Division 3, 4 or 5; and

the person fails to comply with the direction.

Geographical jurisdiction for offences

the order, declaration or authorisation was not validly made; and

if the member made the authorisation—the powers were exercised or purportedly exercised in good faith.

because a sudden and extraordinary emergency exists, it is not practicable for an order or declaration to be made under the section under which the order or declaration would otherwise be made; and

for a call out order or an infrastructure declaration—the circumstances referred to in subsection 33(1), 34(1), 35(1), 36(1) or 51H(2) (as the case requires) exist.

Who may make the order or declaration

the Prime Minister; or

the other 2 authorising Ministers jointly, but only if those Ministers are satisfied that the Prime Minister is unable to be contacted for the purposes of considering whether to make, and making, an order or declaration under this section; or

(c) an authorising Minister (the available authorising Minister), jointly with any one of the following Ministers (the alternative Minister):

the Deputy Prime Minister;

the Foreign Affairs Minister;

the Treasurer;

the Minister for Home Affairs;

but only if the available authorising Minister and the alternative Minister are satisfied that the other authorising Ministers are unable to be contacted for the purposes of considering whether to make, and making, an order or declaration under this section.

Order or declaration not in writing

make a written record (which may be electronic) of the order or declaration; and

sign (including by electronic signature) the record; and

in the case of a Minister (including the Prime Minister)—as soon as practicable:

cause the record to be given to the Chief of the Defence Force; and

cause a copy of the record to be given to the Governor-General; and

for a specified area declaration—cause a copy of the record to be given to each of the Presiding Officers; and

in the case of the Chief of the Defence Force—as soon as practicable:

cause the record to be given to the Prime Minister; or

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 (c) or (d) does not affect the validity of the order or declaration.

References to certain circumstances

does not include a reference to the authorising Ministers being satisfied as to particular matters; and

in relation to a State protection order—includes a reference to a State Government or Government of a self-governing Territory having made an application of a kind referred to in subsection 35(1) or 36(1).

a call out order made by the Governor-General; or

an infrastructure declaration or a specified area declaration made by the authorising Ministers;

(as the case requires) except as provided by subsections (4) and (5) and for the purposes of section 51U.

for a call out order—subsection 33(5), 34(5), 35(5) or 36(5) (as the case requires) applies to the order; and

for a call out order or infrastructure declaration—the order or declaration may be varied or revoked in the same way, and in the same circumstances, as the order or declaration may be varied or revoked under section 37 or subsection 51H(3) or (4).

However, a variation of an expedited order or declaration must not extend the period during which the order or declaration is in force.

for a call out order—the reference in paragraph 37(1)(a) to the authorising Ministers still being satisfied is taken to be a reference to those Ministers being satisfied; and

for a call out order or infrastructure declaration—the reference in paragraph 37(3)(a) or subsection 51H(3) to the authorising Ministers ceasing to be satisfied or to believe is taken to be a reference to those Ministers not being satisfied or believing.

Content of an order or declaration

must state that it is made under this section, and that it has effect as if it were a call out order, infrastructure declaration or specified area declaration (as the case requires); and

despite paragraph 33(5)(d), 34(5)(d), 35(5)(d), 36(5)(d), 51(3)(b) or 51H(5)(b) (as the case requires), must state that it ceases to be in force at the end of a specified period (which must not end more than 5 days after it comes into force), unless it is revoked earlier.

When order is in force

comes into force when it is made, or (if it is not in writing) when:

the Prime Minister, or the other 2 Ministers; and

the Chief of the Defence Force;

have complied with paragraph 51U(3)(b) (which is about signing the record); and

ceases to be in force as stated in accordance with paragraph (4)(b) of this section.

Consultation with State or Territory not required

make a written record (which may be electronic) of the authorisation; and

sign (including by electronic signature) the record; and

in the case of the authorising Minister—cause the record to be given to the Chief of the Defence Force as soon as practicable; and

in the case of the Chief of the Defence Force—as soon as practicable:

cause the record to be given to the Prime Minister; or

cause the record to be given to the authorising Minister who made the order, 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 (c) or (d) does not affect the validity of the authorisation.

the substantive criminal law of the Jervis Bay Territory, as in force from time to time, applies; and

the substantive criminal law of the States and the other Territories, as in force from time to time, does not apply.

the criminal act was done by the member under an order of a superior; and

the member was under a legal obligation to obey the order; and

the order was not manifestly unlawful; and

the member had no reason to believe that circumstances had changed in a material respect since the order was given; and

the member had no reason to believe that the order was based on a mistake as to a material fact; and

the action taken was reasonable and necessary to give effect to the order.

any call out order that has ceased to be in force; and

any specified area declarations that relate to the order; and

a report on any utilisation of the Defence Force that occurred under the order, including the number of premises searched under Subdivision C of Division 4 (powers to search premises in specified area).

Reporting to Parliament

if that House sits before those 7 days—for tabling in that House before the end of those 7 days; or

otherwise—for distribution to all Senators or Members of the House of Representatives before the end of those 7 days.

Multiple call out orders

each of the orders is taken to be a single call out order; and

the order is taken to cease to be in force when the last of the orders ceases to be in force.

Effect of revocation

the remuneration of members; and

(b) the payment of allowances or other pecuniary benefits (except allowances or benefits by way of remuneration) to or for members, including the payment of additional compensation to members of the Reserves to whom compensation is payable under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988; and

the payment of allowances or other pecuniary benefits to or in respect of members of the families of members; and

leave of absence and long service leave of members; and

the provision of other benefits to or in respect of members, or to or in respect of members of the families of members; and

the payment of allowances and expenses to or in respect of, and the provision of travelling facilities for, applicants for appointment or engagement as members in respect of attendance at an enlistment centre of the Defence Force or attendance for interview or examination; and

deductions from the remuneration of a member or from allowances or other pecuniary benefits referred to in paragraphs (b) and (c); and

payments, by way of compensation, incentives or other benefits, to:

members of the Reserves; or

their dependants; or

their employers, business or professional partners or other associates; or

other persons;

in relation to the availability of the members for defence service, or for losses incurred or inconvenience suffered because of the members’ absence on defence service (including losses incurred or inconvenience suffered because of the operation of the Defence Reserve Service (Protection) Act 2001); and

the meanings to be attributed to words and expressions used in existing determinations and future determinations made under this section, and the circumstances in which those meanings are to apply.

(1AA) Expressions used in paragraph (1)(ga) that are defined in the Defence Reserve Service (Protection) Act 2001 have the same meaning as in that Act.

determinations under section 58H of this Act; and

(b) determinations under Public Service Act 1999.section 24 of the

the Secretary;

an SES employee performing duty in the Department;

an APS employee who holds, or performs the duties of, a position not below an Executive Level 2 position, or equivalent, in the Department;

an officer of the Navy who holds a rank not below the rank of Captain;

an officer of the Army who holds a rank not below the rank of Colonel;

an officer of the Air Force who holds a rank not below the rank of Group Captain.

a President;

a person who is experienced in industrial relations matters; and

a person who was, but is no longer, a member of the Permanent Forces (although the person may be a member of the Reserves).

inquire into and determine the salaries and relevant allowances to be paid to members; and

inquire into and make determinations in respect of prescribed matters that have been referred to the Tribunal.

at any time during the preceding 12 months, the Minister has made a determination under section 58B that relates, in whole or in part, to that matter; or

the Secretary or the Chief of the Defence Force is aware that, at any time during the preceding 12 months, submissions have been made to the Minister requesting the Minister to make a determination that relates, in whole or in part, to that matter and the Minister has not made such a determination.

within 2 years of the first-mentioned determination taking effect; or

if the Minister, by notice in writing given to the President, requests the Tribunal to make a further determination in respect of those salaries and allowances within a shorter period of the first-mentioned determination taking effect—within that shorter period.

the rights of a person (other than the Commonwealth) which existed immediately before the last-mentioned day would be affected in a manner prejudicial to that person; or

liabilities would be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before that last-mentioned day;

and where, in a determination of the Tribunal, any provision is made in contravention of this subsection, that provision shall be of no effect.

(a) a determination has been referred to the Tribunal under Australian Human Rights Commission Act 1986; andsection 46PY of the

the Tribunal considers that the determination is a discriminatory determination;

the Tribunal must take the necessary action to remove the discrimination, by setting aside the determination, setting aside terms of the determination or varying the determination.

(a) has been referred to the Tribunal under Australian Human Rights Commission Act 1986; andsection 46PY of the

(b) requires a person to do an act that would be unlawful under Sex Discrimination Act 1984 except for the fact that the act would be done in direct compliance with the determination.Part II of the

Tribunal has the same meaning as in section 58HA.

2 members of the Tribunal constitute a quorum;

all questions shall be decided by a majority of votes of the members of the Tribunal present and voting; and

the member of the Tribunal presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

any decision of, or principles established by, the FWC that is or are relevant to the making of the determination; or

if the FWC has not yet made any such decision or established any such principles, any decision of, or principles established by, the AIRC that is or are relevant to the making of the determination.

the Tribunal may regulate the conduct of its proceedings as it thinks fit and is not bound to act in a formal manner; and

the Tribunal may inform itself on any matter in such manner as it thinks fit and is not bound by the rules of evidence.

if a person referred to in subsection 58K(9) requests the President to do so and the President considers it appropriate; or

in any case, on the President’s initiative;

direct, in writing, that a member of the Tribunal specified in the direction is to conduct the Tribunal’s business in relation to any matter that is specified in the direction, being a matter that is being, or is to be, dealt with by the Tribunal.

the single member may exercise any powers or perform any functions of the Tribunal in relation to that matter; and

any act of the single member in relation to that matter is taken to be an act of the Tribunal.

section 58K does not apply to the single member’s conduct of such business; and

the following provisions apply.

the single member is not bound to act in a formal manner; and

the single member may inform himself or herself on any matter in such manner as he or she thinks fit and is not bound by the rules of evidence.

any decision of, or principles established by, the FWC that is or are relevant to the making of the determination; or

if the FWC has not yet made any such decision or established any such principles, any decision of, or principles established by, the AIRC that is or are relevant to the making of the determination.

a single member is conducting the Tribunal’s business in relation to a matter; and

in dealing with the matter, the single member exercises a power or performs a function of the Tribunal;

the Minister, the Secretary or the Chief of the Defence Force may, by notice in writing given to the President within 28 days after the single member has completed his or her conduct of that business, request the Tribunal to reconsider the exercise of the power or performance of the function.

reconsider the exercise of the power or performance of the function specified in the request; and

make a determination affirming, varying or replacing anything done by the single member in exercising that power or performing that function.

he or she becomes a member of the Permanent Forces (although he or she may become a member of the Reserves); or

he or she becomes the Defence Force Advocate; or

in the case of the President, he or she ceases to be a Deputy President of the FWC.

during a vacancy in the office of that member; or

during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that, in the case of a member not being the President, he or she is acting as President), unable to perform the duties of his or her office.

is experienced in industrial relations matters; and

has a knowledge of the nature of service in the Defence Force.

the registration of persons who are or may become liable to serve in the Defence Force in time of war;

the deferment of the service of persons, or persons included in classes of persons, who have been called upon under section 60 to serve in the Defence Force;

medical and other examinations of persons who have been so called upon;

the choice, by ballot or otherwise, from persons who have been called upon to serve in the Defence Force of those persons who are required so to serve; and

the allotment of persons required so to serve for service in a part of the Navy, the Army or the Air Force.

persons subject to a prescribed mental or physical disability;

members and officers of the Parliament of the Commonwealth or of a State;

judges of federal or State courts and police, stipendiary or special magistrates of a Territory or of a State;

ministers of religion;

members of a religious order who devote the whole of their time to the duties of the order;

persons who are students at a college maintained solely for training persons to become members of a religious order;

persons who are students at a theological college as defined by the regulations or are theological students as prescribed;

persons whose conscientious beliefs do not allow them to participate in war or warlike operations;

persons whose conscientious beliefs do not allow them to participate in a particular war or particular warlike operations; and

persons who, for a reason stated in the Regulations, are declared by the Regulations to be exempt from service in the Defence Force in time of war.

a presiding member; and

2 other members.

such remuneration as is determined by the Remuneration Tribunal; and

such allowances as are prescribed.

ceased to be a member; or

ceased to be available for the purposes of the application;

the following provisions have effect:

if the member concerned is a member other than a member appointed as a presiding member—the hearing and determination, or the determination, of the application may be completed by the Tribunal constituted by the remaining 2 members;

in any other case—the proceeding must be reheard by another Tribunal.

is to be given only if there is a pending determination or other special circumstances justifying the giving of the direction; and

may only be given before the normal terminating event occurs.

the occasion for the appointment had not arisen; or

there was a defect or irregularity in connection with the appointment; or

the appointment had ceased to have effect; or

the occasion to act had not arisen or had ceased.

if the appointment is made under subsection (1)—the member ceasing to be absent or ceasing to be unable to perform the duties of the member’s office; or

if the appointment is made under subsection (2)—the member ceasing to be unable to perform the duties of the member’s office.

the person is served under paragraph 61CQ(b) with a summons to appear before a Conscientious Objection Tribunal to give evidence and is tendered reasonable expenses; and

the person:

fails to attend as required by the summons; or

fails to appear and report from day to day and has not been excused, or released from further attendance, by a member.

is required to produce a document by a summons under paragraph 61CQ(c) served on the person; and

refuses or fails to do so.

is appearing before a Conscientious Objection Tribunal to give evidence; and

is required under paragraph 61CQ(d) either to take an oath or to make an affirmation; and

refuses or fails to comply with the requirement.

is appearing before a Conscientious Objection Tribunal to give evidence; and

is required to answer a question by the presiding member; and

refuses or fails to answer the question.

is appearing before a Conscientious Objection Tribunal to give evidence; and

gives evidence that is false or misleading in a material particular; and

knows that the evidence is false or misleading in the material particular.

the person in relation to whom the determination was made; and

the Commonwealth.

within 28 days after the day on which the document setting out the terms of the decision of the ART is given to the person or within such further time (whether before or after the end of that period) as the Federal Court allows; and

(b) in such manner as is prescribed by rules of court made under the Federal Court of Australia Act 1976.

must hear and determine the appeal; and

may affirm, vary or set aside the order of the ART; and

may give such judgment, or make such order, as in all the circumstances it thinks fit, or refuse to make an order; and

may remit the case for rehearing and determination, either with or without the hearing of further evidence, by the ART.

affect the operation of the decision; or

prevent the taking of action to implement the decision; or

prevent the taking of action in reliance on the making of the decision.

the decision of the ART or a part of that decision;

the decision to which the proceeding before the ART related or a part of that decision.

is subject to such conditions as are specified in the order; and

has effect until:

where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

where no period is so specified—the giving of a decision on the appeal.

the production of identity cards;

informing persons of offences;

the use of force;

limits on the exercise of certain powers.

an offence of unauthorised entry on, or being on, defence premises or defence accommodation; and

the provision of information obtained by certain surveillance devices to law enforcement and other agencies.

guarding by defence security officials; or

physical barriers such as security screens, locked doors or gates.

defence accommodation means any building or other structure, or any place, that: is in Australia; and is used for, or in connection with, the accommodation of a group of members of any part of the Defence Force.

is in Australia; and

is used for, or in connection with, the accommodation of a group of members of any part of the Defence Force.

defence premises means:

any of the following that is in Australia, and is owned or occupied by the Commonwealth for use by the Defence Force or the Department:

an area of land or any other place (whether or not it is enclosed or built on);

a building or other structure;

a vehicle, vessel or aircraft, including any fixed or moveable ramp, stairs or other means of access to, or exit from, the vehicle, vessel or aircraft;

(iv) a prohibited area, within the meaning of the Defence (Special Undertakings) Act 1952; or

the Woomera Prohibited Area.

defence security official means:

a contracted defence security guard (see section 71B); or

a security authorised member of the Defence Force (see section 71C); or

a defence security screening employee (see section 71D).

defence security screening employee has the meaning given by section 71D.

intelligence or security agency means any of the following: the Australian Secret Intelligence Service; the Australian Security Intelligence Organisation; the Australian Signals Directorate; the Office of National Intelligence.

the Australian Secret Intelligence Service;

the Australian Security Intelligence Organisation;

the Australian Signals Directorate;

the Office of National Intelligence.

limited search of a person means:

a search of things in the possession of a person that may include:

requesting the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

an examination of any of those items that the person consents to remove; or

a search of a person conducted by quickly running the hands over the person’s outer garments and an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person;

but does not include requesting the person to remove all of his or her garments.

optical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.

personal information has the same meaning as in the Privacy Act 1988.

person assisting a defence security official has the meaning given by section 72N.

protective service officer has the same meaning as in the Australian Federal Police Act 1979.

search:

of a person—has the same meaning as in section 31; and

of a vehicle, vessel or aircraft—includes a search of a thing in the vehicle, vessel or aircraft.

security authorised member of the Defence Force has the meaning given by section 71C.

special defence security official means:

a security authorised member of the Defence Force (see section 71C); or

a defence security screening employee (see section 71D).

vessel has the same meaning as in section 31.

Woomera Prohibited Area means the area prescribed under subsection 72TA(1).

the person is one of the following:

a party to a contract with the Commonwealth or a Commonwealth entity;

a subcontractor for a contract with the Commonwealth or a Commonwealth entity;

an employee of a person referred to in subparagraph (i) or (ii); and

the contract is for, or includes, the provision of security services at one or more defence premises; and

either of the following applies:

the person is authorised under subsection (2);

the person is included in a class of persons authorised under subsection (2) (including a person who becomes a member of the class after the authorisation is given); and

the person satisfies the training and qualification requirements determined under subsection (4).

is a member of the Defence Force; and

either of the following applies:

the person is authorised under subsection (2);

the person is included in a class of persons authorised under subsection (2) (including a person who becomes a member of the class after the authorisation is given); and

the person satisfies the training and qualification requirements determined under subsection (4).

different training and qualification requirements may apply to different kinds of security authorised members of the Defence Force; and

the Minister must determine training and qualification requirements that apply to security authorised members of the Defence Force in relation to the use of dogs as referred to in section 72M.

is an APS employee in the Department; and

either of the following applies:

the person is authorised under subsection (2);

the person is included in a class of persons authorised under subsection (2) (including a person who becomes a member of the class after the authorisation is given); and

the person satisfies the training and qualification requirements determined under subsection (4).

be in the form approved in writing by the Secretary; and

contain a recent photograph of the defence security official.

Offence

the person has been issued with an identity card; and

the person ceases to be a defence security official; and

the person does not, within 7 days of so ceasing, return the person’s identity card to the Secretary.

the Secretary; or

an APS employee who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Department.

Security authorised members of the Defence Force

an officer of the Army who holds the rank of Brigadier or a higher rank; or

an officer of the Navy who holds the rank of Commodore or a higher rank; or

an officer of the Air Force who holds the rank of Air Commodore or a higher rank.

an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department; or

an officer of the Army who holds the rank of Colonel or a higher rank; or

an officer of the Navy who holds the rank of Captain or a higher rank; or

an officer of the Air Force who holds the rank of Group Captain or a higher rank.

Return of identity cards

an APS employee who holds or performs the duties of an APS 5 position, or an equivalent or higher position, in the Department; or

an officer of the Army who holds the rank of Captain or a higher rank; or

an officer of the Navy who holds the rank of Lieutenant or a higher rank; or

an officer of the Air Force who holds the rank of Flight Lieutenant or a higher rank.