Commonwealth: Defence Act 1903 (Cth)

Defence Act 1903 No. 20, 1903 Compilation No. 82 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Defence Act 1903 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Introductory 1 Short title 3 Commencement of Act 4 Interpretation 5 Application of Act 5A Extension of Act to Territories 6 Application of the Criminal Code 7 Act does not appropriate money Part II—Control and administration 8 The Minister 9 Command of the Defence Force 10 Administration of the Defence Force 11 Defence Instructions 12 Appointments 13 Acting appointments 14 Resignation 15 Termination of appointment 16 Remuneration and allowances Part III—The Australian Defence Force Division 1—Constitution of the Australian Defence Force 17 The Australian Defence Force 18 Royal Australian Navy 19 Australian Army 20 Royal Australian Air Force 21 Ranks and corresponding ranks Division 2—Service in the Defence Force 22 Voluntary entry 23 Service in the Permanent Forces 24 Service in the Reserves 25 Training for Reserves 26 Volunteer service by Reserves 27 Service is not a civil contract Division 3—Calling out the Reserves 28 Governor‑General may call out Reserves 29 Period of service while covered by call out order Part IIIAAA—Calling out the Defence Force to protect Commonwealth interests, States and self‑governing Territories Division 1—Introduction 30 Simplified outline of this Part 31 Definitions Division 2—Calling out the Defence Force Subdivision A—Simplified outline of this Division 32 Simplified outline of this Division Subdivision B—Making call out orders 33 Calling out the Defence Force to protect Commonwealth interests 34 Contingent call out of the Defence Force to protect Commonwealth interests 35 Calling out the Defence Force to protect States and Territories 36 Contingent call out of the Defence Force to protect States and Territories Subdivision C—Common provisions for making, varying and revoking call out orders 37 Making, varying and revoking call out orders 38 Commonwealth interests orders or variations that were not requested by a State or Territory Subdivision D—Effect of making call out order 39 Chief of Defence Force to utilise Defence Force as directed 40 Assisting and cooperating with police forces of affected States and Territories Division 3—Special powers generally authorised by Minister Subdivision A—Introduction 41 Simplified outline of this Division 42 Application of this Division 43 Powers that may be exercised under this Division and Division 4 44 Location of exercise of powers 45 International obligations Subdivision B—Special powers generally authorised by Minister 46 Special powers generally authorised by Minister Division 4—Powers exercised in specified areas Subdivision A—Introduction 47 Simplified outline of this Division 48 Application of this Division 49 International obligations 50 Members to wear uniforms and identification when exercising powers Subdivision B—Declaration of specified area 51 Declaration of specified area Subdivision C—Powers to search premises in specified area 51A Authorisation to search premises in specified area 51B Information to be given to occupier etc. and those searched 51C Occupier etc. entitled to be present during search Subdivision D—Powers relating to means of transport and persons in specified area 51D Powers relating to means of transport and persons in specified area 51E General provisions relating to section 51D Division 5—Powers to protect declared infrastructure Subdivision A—Introduction 51F Simplified outline of this Division 51G International obligations Subdivision B—Infrastructure declaration 51H Infrastructure declaration Subdivision C—Powers to protect declared infrastructure 51J Application of this Subdivision 51K Location of exercise of powers 51L Powers to protect declared infrastructure Division 6—Provisions common to Divisions 3 to 5 51M Simplified outline of this Division 51N Use of reasonable and necessary force 51P Persons to be informed of certain matters if detained 51Q Action to be taken if things are seized 51R Offence for failing to comply with a direction 51S Exercise of powers when certain obligations not complied with Division 7—Expedited orders and declarations 51T Simplified outline of this Division 51U Making expedited orders and declarations 51V Effect of expedited order or declaration 51W Effect of expedited order on Ministerial authorisation Division 8—Miscellaneous Subdivision A—Simplified outline of this Division 51X Simplified outline of this Division Subdivision B—Applicable criminal law 51Y Applicable criminal law 51Z Defence of superior orders in certain circumstances Subdivision C—Other provisions 51ZA Publication of order and report 51ZB Independent review of this Part 51ZC Instruments that are not legislative instruments 51ZD Effect on other Defence Force utilisation and powers Part IIIAA—Superannuation 52 Determination of benefit 52A Department's employer superannuation contributions 52B Providing information to CSC in relation to invalidity 53 Trustee of scheme providing superannuation benefit Part IIIA—Remuneration, allowances and other benefits Division 1—Determinations by the Minister 58A Interpretation 58B Minister may make determinations 58E Delegation Division 2—The Defence Force Remuneration Tribunal 58F Interpretation 58G Establishment of Defence Force Remuneration Tribunal 58H Functions and powers of Tribunal 58HA Hearings in relation to discriminatory determinations 58HB Review of discriminatory determinations 58J Reports by Tribunal 58K Procedure of Tribunal 58KA Single member may conduct Tribunal's business 58KB Procedure where single member is conducting Tribunal's business 58KC Review of action etc. of single member 58KD Determinations giving effect to agreement between the parties 58L Terms and tenure of office 58M Resignation 58N Termination of appointment 58P Acting appointments 58Q Fees and allowances Division 3—The Defence Force Advocate 58R Interpretation 58S Defence Force Advocate 58T Functions of Advocate 58U Tenure and terms of office 58V Resignation 58W Termination of appointment 58X Acting Defence Force Advocate 58Y Fees and allowances Part IV—Liability to serve in the Defence Force in time of war Division 1—Liability to serve 59 Persons liable to serve in Defence Force in time of war 60 Proclamation calling upon persons to serve in time of war 61 Registration and allotment for service 61A Persons exempt from service 61B Entry into Defence Force for service 61C Part not to apply to certain persons Division 2—Determination of conscientious belief 61CA Application for determination of conscientious belief 61CB Secretary must refer application 61CC Function of Conscientious Objection Tribunals 61CD Parties to the hearing of an application 61CE Notice of determination to be given to parties Division 3—Establishment and membership of Conscientious Objection Tribunals 61CF Establishment of Conscientious Objection Tribunals 61CG Period of appointment of members 61CH Remuneration and allowances of members 61CJ Other terms and conditions 61CK Leave of absence 61CL Resignation 61CM Removal from office 61CN Member of a Tribunal unavailable to complete proceeding 61CO Acting appointments Division 4—Procedures of Conscientious Objection Tribunals 61CP Tribunals' way of operating 61CQ Powers of Tribunals 61CR Procedure of Tribunals 61CS Majority decision 61CT Procedure where opinion of members equally divided 61CU Hearings 61CV Onus of proof 61CW Protection of members and persons giving evidence etc. 61CX Fees for persons giving evidence 61CY Failure of witness to attend 61CZ Refusal to be sworn or to answer questions etc. 61CZA Contempt of Tribunal Division 5—Reviews and appeals 61CZB Review of determinations of Conscientious Objection Tribunals 61CZC ART Act to apply subject to modification 61CZD Appeals from ART 61CZE Operation etc. of decision subject to appeal Part V—Australian Defence Force Cadets 62 Australian Defence Force Cadets 62A Direction and administration of the Cadets 62B Chief of the Defence Force may make determinations 62C Relationship to the Defence Force 62D Acceptance is not a civil contract 62E Annual report Part VI—Special powers in relation to defence 63 General powers for defence purposes 64 Control of railways in time of war 65 Railways to carry troops etc. when required 66 Conveyance by railway and tramway 67 Registration and impressment of vehicles etc. 68 Billeting and quartering 70 Tolls Part VIA—Security of defence premises Division 1—Preliminary 71 Simplified outline 71A Definitions Division 2—Defence security officials 71B Contracted defence security guards 71C Security authorised members of the Defence Force 71D Defence security screening employees 71E Identity cards 71F Delegations relating to training and qualification requirements 71G Delegations relating to identity cards Division 3—Powers exercisable with consent at defence access control points and on defence premises Subdivision A—General provisions 71H Consensual identification and limited search—person about to pass a defence access control point 71J Consensual search—vehicle, vessel or aircraft about to pass a defence access control point 71K Consensual identification—person on defence premises Subdivision B—Special provisions for declared explosive ordnance depots 71L Declared explosive ordnance depots 71M Consensual search—person on a declared explosive ordnance depot 71N Consensual search—vehicle, vessel or aircraft on a declared explosive ordnance depot 71P Powers additional to other powers Subdivision C—Offences 71Q Offences—search powers exercised without consent Division 4—Powers exercisable without consent at defence access control points and on defence premises 71R Non‑consensual identification and search—person about to pass a defence access control point 71S Non‑consensual search—vehicle, vessel or aircraft about to pass a defence access control point 71T Non‑consensual identification and search—person on defence premises 71U Non‑consensual search—vehicle, vessel or aircraft on defence premises 71V Offence—refusing to provide evidence etc. required under this Division 71W Offence—hindering or obstructing a search under this Division 71X Security authorised members of the Defence Force may respond to attack 71Y Power to stop and detain 71Z Powers are in addition to powers under this Part Division 5—Seizure 72 Power to seize things on defence premises Division 6—Matters relating to exercise of powers under Part 72A Certain powers to be exercised only by security authorised members of the Defence Force unless not reasonably practicable 72B Defence security officials must produce identity cards, etc. 72C Persons to be informed of offence 72D Conduct of searches and limited searches 72E Use of equipment to examine things etc. 72F Power to move certain unattended things on defence premises 72G Use of reasonable and necessary force, etc. by defence security officials 72H Use of force involving death or grievous bodily harm by security authorised members of the Defence Force in responding to an attack 72J Limit on power to restrain and detain 72K Limit on power to arrest 72L Powers not to be used to stop protests etc. 72M Security authorised members of the Defence Force may use dogs 72N Persons assisting defence security officials Division 7—Other matters 72P Unauthorised entry etc. on defence premises or defence accommodation 72Q Certain information may be collected and provided to law enforcement agencies etc. 72R Compensation for acquisition of property 72S Other powers not affected Part VIB—The Woomera Prohibited Area 72T Definitions 72TA The Woomera Prohibited Area 72TB Application of this Part and Part VII of the Defence Force Regulations 1952 72TC Offence—being in the Woomera Prohibited Area without permission 72TD Standing permission 72TE Permits 72TF Minister's permission 72TG Offence—failing to comply with conditions 72TH Minister may suspend permission 72TJ Minister may give directions 72TK Compensation for acquisition of property 72TL Compensation for loss or damage 72TM Review of decisions 72TN Delegation 72TO Infringement notices 72TP The Woomera Prohibited Area Rules Part VII—Offences 73A Unlawfully giving or obtaining information as to defences 73F Penalty 79 Unlawfully disposing of arms etc. 80A Falsely representing to be returned soldier, sailor or airman 80B Improper use of service decorations 82 Sketching etc. of fortifications prohibited 83 Unauthorised use, possession or supply of emblems or flags 84 Penalty for bringing contempt on uniform Part VIII—Offences in relation to service tribunals 86 Failure of witness to appear 88 False or misleading evidence 89 Contempt of service tribunals etc. 90 Failure to comply with order under section 140 of the Defence Force Discipline Act 1982 Part VIIIA—Testing for prohibited substances Division 1—Preliminary 91 Application of Part 92 Object of Part 93 Definitions 93A Authorised person 93B Determinations about prohibited substances and prohibited substance tests Division 2—Testing for prohibited substances 94 Requirement to undergo a prohibited substance test 95 Conduct of testing 96 Notice to person required to provide a sample Division 3—Return of a positive test result 98 Application 100 Notice to be given of a positive test result 101 Termination Division 4—Miscellaneous 106 Failure to provide sample 107 Unauthorised acts in relation to sample 108 Finding made as a result of testing not admissible in certain criminal proceedings 109 Defence Instructions 110 Other administrative action not precluded Part VIIIB—Inspector‑General of the Australian Defence Force Division 1—Establishment and functions of the Inspector‑General of the Australian Defence Force 110A Object of Part 110B Inspector‑General of the Australian Defence Force 110C Functions of the Inspector‑General ADF 110DA Conduct of inquiry or investigation 110DB Inspector‑General ADF may end an inquiry or investigation Division 2—Administrative provisions about the Inspector‑General of the Australian Defence Force 110E Appointment 110F Qualifications for appointment 110G Tenure 110H Resignation 110I Remuneration 110J Leave of absence 110K Engaging in other paid work 110L Termination of appointment 110M Disclosure of interests 110N Acting appointments 110O Staff 110P Inquiry officers, inquiry assistants and Assistants IGADF Division 3—Other matters 110Q Protection from civil actions 110R Annual report by Inspector‑General ADF 110S Delegation Part VIIIC—Defence Honours and Awards Appeals Tribunal Division 1—Preliminary 110T Definitions Division 2—Establishment and functions of Defence Honours and Awards Appeals Tribunal 110U Establishment of Tribunal 110UA Functions of Tribunal 110UB Tribunal and Tribunal members not subject to direction Division 3—Review of decisions by the Tribunal 110V What decisions are reviewable? 110VA Who can apply for review? 110VB Review of decisions by the Tribunal 110VC Power to dismiss review applications Division 4—Inquiries by the Tribunal 110W Minister may direct Tribunal to hold inquiry Division 5—General provisions relating to operation of the Tribunal 110X Role of the Chair 110XA Constitution of Tribunal for Tribunal proceedings 110XB What happens if a Tribunal member stops being available 110XC Summoning persons to give evidence or produce documents 110XD Protection of confidential or sensitive evidence or submissions etc. 110XE Formal requirements relating to decisions etc. of the Tribunal 110XF Protection of Tribunal members and other persons 110XG Disclosure of interests by Tribunal members 110XH Procedural rules Division 6—Tribunal members 110Y Constitution of Tribunal 110YA Appointment of Tribunal members 110YB Period of appointment 110YC Acting appointments 110YD Other employment 110YE Remuneration 110YF Leave 110YG Resignation 110YH Termination 110YI Other terms and conditions Division 7—Miscellaneous 110Z Regulations Part VIIID—Director of Defence Counsel Services 110ZA Director of Defence Counsel Services 110ZB Functions and powers of the Director of Defence Counsel Services 110ZC Delegation 110ZD Protection from action Part IX—Legal procedure 111 Subscription, arms etc. vested in commanding officer 111A Property of Rifle Club vested in Captain Part IXAA—Performing work for or providing training to a foreign military organisation or government body Division 1—Introduction 112 Simplified outline of this Part 113 Definitions 114 Definition of foreign work restricted individual 115 Ministerial legislative instruments Division 2—Foreign work restricted individuals working for a foreign military organisation or government body 115A Offence—foreign work restricted individuals working for a foreign military organisation or government body Division 3—Other individuals providing training to a foreign military organisation or government body 115B Offence—other individuals providing training to a foreign military organisation or government body Division 4—Foreign work authorisations 115C Grant of foreign work authorisation 115D Offence for failing to comply with a condition of an authorisation 115E Cancellation of authorisation 115F Suspension of authorisation 115G Variation of authorisation—on Minister's own initiative 115H Variation of authorisation—on request 115J Notice before decision about authorisation 115K Internal review of decisions 115L ART review of decisions 115M Disclosure of reasons for decisions Division 5—Other matters 115N Delegation by Minister 115P Review of this Part Part IXA—Provisions relating to the forces of other countries Division 1—Interpretation 116A Interpretation Division 2—Attachment of personnel and mutual powers of command 116B Attachment to the Defence Force of members of the forces of another country and vice versa 116C Forces serving together 116D Corresponding ranks Division 3—Absentees without leave 116E Interpretation 116F Apprehension of absentees without leave 116G Detention of illegal absentee 116H Disposal of person in custody 116J Evidence for the purposes of this Division 116K Proof of facts by certificate Division 4—Miscellaneous 116M Delegation Part IXB—Public areas of defence land 116P Interpretation 116Q Public areas of defence land 116R Delegation 116S Appointment of rangers 116T Rangers ex officio 116U Identity cards 116V Powers of arrest 116W General powers of rangers 116X Seizure and forfeiture 116Y Assaulting etc. rangers 116ZA Officers and employees of governments and authorities 116ZB Prosecution of offences 116ZC Concurrent operation of State and Territory laws 116ZCA Infringement notices 116ZD By‑laws Part IXC—Salvage claims 117 Interpretation 117A Salvage claims by crew of Naval ships 117AA Apportionment of salvage between the Commonwealth and crew members 117AB Apportionment of salvage amongst crew members Part IXD—Defence aviation areas 117AC Defence aviation areas 117AD Regulations in relation to defence aviation areas 117AE Monitoring powers 117AF Modifications of Part 2 of the Regulatory Powers Act 117AG Appointment of inspectors for defence aviation areas 117AH Delegation of powers of Secretary or Chief of Defence Force Part X—Miscellaneous 117B Members and former members may bring actions for money due in respect of service 118 Penalty against raising forces without authority 118A Employer not to prevent employee from serving 118B Enlistment of apprentices in time of war 119 Forfeiture or suspension of salary in certain circumstances 120 Notice etc. need not be in writing unless required herein 120A Delegation 120B Attachment of salaries of members 121 Proof of order 121A Validation of declaration and past acts in relation to the Woomera Prohibited Area 122 Appointments etc. not invalid because of defect etc. in connection with appointment 122AA Taxation consequences of disposals of assets to defence companies 122B Exercise of rights and discharge of duties and obligations by legal officers 123 Immunity from certain State and Territory laws 123AA Immunity in relation to certain assistance 123A Intoxicating liquor 123B Religion 123F Certain persons not permitted to serve in Defence Force 123G Orders in relation to rifle ranges 123H Tactical payment scheme for activities of the Defence Force outside Australia 123J Delegations in relation to the tactical payment scheme Part XI—Regulations 124 Regulations Schedule 1—Ranks and corresponding ranks 1 Ranks and corresponding ranks Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the Naval and Military Defence and Protection of the Commonwealth and of the several States Part I—Introductory 1 Short title This Act may be cited as the Defence Act 1903. 3 Commencement of Act This Act shall commence on a day to be fixed by Proclamation. 4 Interpretation (1) In this Act, unless the contrary intention appears: accused person has the same meaning as in the Defence Force Discipline Act 1982. administration of the Defence Force: see subsection 10(2). Aircraft—Includes aeroplanes, seaplanes, balloons, kite balloons, airships and other machines for flying. Aircraft Material—Includes any engines, fittings, guns, gear, instruments, ammunition, bombs or apparatus for use in connexion with aircraft, and any components or accessories of aircraft, and petrol and any other substance used for providing motive power for aircraft, and lubricating oil. Air Force means the Royal Australian Air Force. Air Force Reserve: see subsection 20(3). Airman—Means a member of the Air Force other than an officer. Army means the Australian Army. Army Reserve: see subsection 19(3). ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. Australia and Commonwealth includes the Territories. Australian Air Force Cadets: see subsection 62(4). Australian Army: see subsection 19(1). Australian Army Cadets: see subsection 62(3). Australian Defence Force or ADF: see section 17. Australian Defence Force Cadets or ADF Cadets or Cadets: see subsection 62(1). Australian Navy Cadets: see subsection 62(2). cadet means an officer, instructor or cadet in the Cadets. call out order: (a) in Division 3 of Part III—has the meaning given by subsection 28(1); and (b) in Part IIIAAA—has the meaning given by section 31. Chief of the Defence Force means the Chief of the Defence Force appointed under subsection 12(1). Conscientious Objection Tribunal means a Conscientious Objection Tribunal established under section 61CF. court martial means a court martial convened under the Defence Force Discipline Act 1982. CSC has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. defence aviation area has the meaning given by subsection 117AC(1). defence aviation area inspector has the meaning given by subsection 117AG(1). Defence Force means the Australian Defence Force. Defence Force magistrate has the same meaning as in the Defence Force Discipline Act 1982. Defence Instructions: see subsection 11(1). Director of Defence Counsel Services means the person appointed under subsection 110ZA(2) as the Director of Defence Counsel Services or a person acting as the Director of Defence Counsel Services. exemption from service because of conscientious beliefs means exemption from service under paragraph 61A(1)(h) or (i) or exemption from combatant duties under subsection 61A(1A). Federal Court means the Federal Court of Australia. flexible service determination: see subsection 23(2). Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. Inspector‑General ADF means the Inspector‑General of the Australian Defence Force referred to in section 110B. legal officer has the same meaning as in the Defence Force Discipline Act 1982. legal practitioner has the same meaning as in the Defence Force Discipline Act 1982. Member—Includes any officer, sailor, soldier and airman. Naval Reserve: see subsection 18(3). Navy means the Royal Australian Navy. officer means: (a) a person appointed as an officer of the Navy, Army or Air Force and who holds a rank specified in items 1 to 12 of the table in subclause 1(1) of Schedule 1; or (b) a chaplain in the Defence Force. Permanent Air Force: see subsection 20(2). Permanent Forces means the Permanent Navy, the Regular Army and the Permanent Air Force. Permanent Navy: see subsection 18(2). protected person: see subsection 123AA(3). public resources has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Regular Army: see subsection 19(2). Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve. Royal Australian Air Force or RAAF: see subsection 20(1). Royal Australian Navy or RAN: see subsection 18(1). Sailor—Means a member of the Navy other than an officer. service chief means: (a) the Chief of Navy; or (b) the Chief of Army; or (c) the Chief of Air Force. Service Decoration—Means any order, medal, badge, clasp, bar or other insignia that was or may be conferred for valour, distinguished conduct or service, long service, good conduct, devotion to duty, efficiency, participation in a campaign or other warlike operation or for any other reason on a member of the Defence Force or of any armed force of any part of the Sovereign's dominions or of any Power allied or associated with Australia in any war or warlike operations in which Australia is or has been engaged, and includes the ribbon of any such order, medal, badge, clasp or other decoration and any colourable imitation, representation or miniature of any such order, medal, badge, clasp or other decoration. Service tribunal has the same meaning as in the Defence Force Discipline Act 1982. Soldier—Means a member of the Army other than an officer. The Secretary means the Secretary of the Department. Time of Defence Emergency—Means the period between the publication of a proclamation declaring that a state of defence emergency exists in relation to Australia and the publication of a proclamation that that state of defence emergency no longer exists. Time of War—Means any time during which a state of war actually exists, and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof, declared in the prior proclamation, no longer exists. Vice Chief of the Defence Force means the Vice Chief of the Defence Force appointed under subsection 12(2). War—Means any invasion or apprehended invasion of, or attack or apprehended attack on, Australia by an enemy or armed force. (3) For the purposes of Part IV, a person is taken to have a conscientious belief in relation to a matter if the person's belief in respect of that matter: (a) involves a fundamental conviction of what is morally right and morally wrong, whether or not based on religious considerations; and (b) is so compelling in character for that person that he or she is duty bound to espouse it; and (c) is likely to be of a long standing nature. 5 Application of Act This Act applies to, and in relation to, the Defence Force, and to all members of the Defence Force whether appointed or enlisted, or deemed to be enlisted, under this Act or under any other Act and whether serving within or beyond the territorial limits of Australia. 5A Extension of Act to Territories This Act extends to the external Territories as if each of those Territories were part of Australia. 6 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 7 Act does not appropriate money Nothing in this Act shall be taken as an appropriation of any public moneys. Part II—Control and administration 8 The Minister (1) The Minister has general control and administration of the Defence Force. Note: Command in chief of the Defence Force is vested in the Governor‑General: see section 68 of the Constitution. (2) In performing and exercising functions and powers under this Part, the Chief of the Defence Force and the Secretary must comply with any directions of the Minister. 9 Command of the Defence Force (1) The Chief of the Defence Force has command of the Defence Force. (2) The Chief of the Defence Force must advise the Minister on matters relating to the command of the Defence Force. (3) The Vice Chief of the Defence Force is to assist the Chief of the Defence Force in the command of the Defence Force. (4) In so assisting, the Vice Chief of the Defence Force must comply with any directions of the Chief of the Defence Force. 10 Administration of the Defence Force (1) The Secretary and the Chief of the Defence Force have joint administration of the Defence Force. (2) The administration of the Defence Force does not include any matter: (a) falling within the command of the Defence Force; or (b) specified by the Minister. (3) The Vice Chief of the Defence Force is to assist with the administration of the Defence Force as directed by the Chief of the Defence Force. (4) An instrument made under paragraph (2)(b) is not a legislative instrument. 11 Defence Instructions (1) For the purposes of the administration of the Defence Force, the Secretary and the Chief of the Defence Force together may issue instructions known as Defence Instructions. (2) A document purporting to be a Defence Instruction, or a copy of a Defence Instruction, is taken to be a Defence Instruction unless the contrary is established. (3) Despite section 46AA of the Acts Interpretation Act 1901, a Defence Instruction may make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. 12 Appointments (1) The Governor‑General may, by writing, appoint an officer of an arm of the Defence Force to be Chief of the Defence Force. (2) The Governor‑General may, by writing, appoint an officer of an arm of the Defence Force to be Vice Chief of the Defence Force. (3) The Chief of the Defence Force and the Vice Chief of the Defence Force hold office for the periods specified in their instruments of appointment. (4) A person appointed as Chief of the Defence Force or Vice Chief of the Defence Force ceases to hold office if he or she ceases to be an officer of an arm of the Defence Force. 13 Acting appointments Vice Chief must act as Chief of the Defence Force (1) The Vice Chief of the Defence Force must act as the Chief of the Defence Force: (a) during a vacancy in the office of the Chief of the Defence Force; or (b) during any period, or during all periods, when the Chief of the Defence Force: (i) is absent from duty; or (ii) is, for any reason, unable to perform the duties of the office. Acting Vice Chief of the Defence Force (2) The Governor‑General may, by writing, appoint an officer of an arm of the Defence Force to act as the Vice Chief of the Defence Force: (a) during a vacancy in the office of the Vice Chief of the Defence Force; or (b) during any period, or during all periods, when the Vice Chief of the Defence Force: (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to perform the duties of the office. 14 Resignation (1) The Chief of the Defence Force or the Vice Chief of the Defence Force may resign his or her appointment by giving the Governor‑General a written resignation. (2) However, the resignation does not have effect unless and until it is accepted by the Governor‑General. 15 Termination of appointment (1) The Governor‑General may, on the recommendation of the Prime Minister and by notice in writing, terminate the appointment of the Chief of the Defence Force or the Vice Chief of the Defence Force. (2) Before recommending to the Governor‑General that the appointment be terminated, the Prime Minister must have received a report about the proposed termination from the Minister. 16 Remuneration and allowances (1) The Chief of the Defence Force and the Vice Chief of the Defence Force are to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, they are to be paid the remuneration that is prescribed by the regulations. (2) The Chief of the Defence Force and the Vice Chief of the Defence Force are to be paid the allowances determined under Part IIIA. (3) This section has effect subject to the Remuneration Tribunal Act 1973. Note: The remuneration of the Chief of Navy, the Chief of Army and the Chief of Air Force is also determined by the Remuneration Tribunal. For appointment etc. of service chiefs, see the regulations. Part III—The Australian Defence Force Division 1—Constitution of the Australian Defence Force 17 The Australian Defence Force The Australian Defence Force (or ADF) consists of the following arms: (a) the Royal Australian Navy; (b) the Australian Army; (c) the Royal Australian Air Force. 18 Royal Australian Navy (1) The Royal Australian Navy (or RAN) consists of: (a) the Chief of Navy; and (b) the Permanent Navy; and (c) the Naval Reserve. (2) The Permanent Navy consists of: (a) officers appointed to, and sailors enlisted in, the Permanent Navy; and (b) members of the Defence Force transferred to the Permanent Navy. (3) The Naval Reserve consists of: (a) officers appointed to, and sailors enlisted in, the Naval Reserve; and (b) members of the Defence Force transferred to the Naval Reserve. 19 Australian Army (1) The Australian Army consists of: (a) the Chief of Army; and (b) the Regular Army; and (c) the Army Reserve. (2) The Regular Army consists of: (a) officers appointed to, and soldiers enlisted in, the Regular Army; and (b) members of the Defence Force transferred to the Regular Army. (3) The Army Reserve consists of: (a) officers appointed to, and soldiers enlisted in, the Army Reserve; and (b) members of the Defence Force transferred to the Army Reserve. 20 Royal Australian Air Force (1) The Royal Australian Air Force (or RAAF) consists of: (a) the Chief of Air Force; and (b) the Permanent Air Force; and (c) the Air Force Reserve. (2) The Permanent Air Force consists of: (a) officers appointed to, and airmen enlisted in, the Permanent Air Force; and (b) members of the Defence Force transferred to the Permanent Air Force. (3) The Air Force Reserve consists of: (a) officers appointed to, and airmen enlisted in, the Air Force Reserve; and (b) members of the Defence Force transferred to the Air Force Reserve. 21 Ranks and corresponding ranks The ranks and corresponding ranks of members of the Defence Force (other than chaplains) are set out in Schedule 1. Division 2—Service in the Defence Force 22 Voluntary entry (1) Members of the Defence Force must be persons who volunteer and are accepted for service in the Defence Force. (2) Subsection (1) has effect subject to Part IV and any other Act. 23 Service in the Permanent Forces (1) Members of the Permanent Forces are bound to render continuous full time service. Note: Permanent Forces means the Permanent Navy, the Regular Army and the Permanent Air Force: see subsection 4(1). Flexible service determinations (2) The requirement to render continuous full time service does not prevent the Chief of the Defence Force determining hours of duty or periods of duty for a member of the Permanent Forces under a flexible service determination. (3) A flexible service determination: (a) must be in writing; and (b) 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. (4) Flexible service terms and conditions may relate to remuneration, allowances, availability for duty outside the hours of duty or periods of duty set out in the determination or any other relevant matter. (5) A flexible service determination is not a legislative instrument. 24 Service in the Reserves A member of the Reserves is not bound to render continuous full time service unless the member: (a) is involved in a period of training that requires continuous full time service; or (b) is required to render continuous full time service after volunteering to do so (see section 26); or (c) is called out under Division 3 of this Part for a period of service that is specified by the Chief of the Defence Force to be continuous full time service; or (d) is called upon under Division 1 of Part IV. Note: Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve: see subsection 4(1). 25 Training for Reserves Members of the Reserves must render service during training periods in accordance with the regulations. 26 Volunteer service by Reserves (1) A member of the Reserves may volunteer to render the following for a period or periods specified by the member: (a) continuous full time service; (b) service other than continuous full time service. (2) The Chief of the Defence Force may accept some or all of the service. (3) The member is bound to render the service accepted by the Chief of the Defence Force. 27 Service is not a civil contract No civil contract of any kind is created with the Crown or the Commonwealth in connection with a member's service in the Defence Force. Division 3—Calling out the Reserves 28 Governor‑General may call out Reserves (1) The Governor‑General may, by notifiable instrument, make an order (a call out order) calling out some or all of the Reserves for service. Circumstances for call out order (3) However, a call out order may only be made in circumstances (whether within or outside Australia) involving one or more of the following: (a) war or warlike operations; (b) a time of defence emergency; (c) defence preparation; (d) peacekeeping or peace enforcement; (e) assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia's national security or affecting Australian defence interests; (f) support to community activities of national or international significance; (g) civil aid, humanitarian assistance, medical or civil emergency or disaster relief. Advice to Governor‑General (4) In making or revoking a call out order, the Governor‑General is to act with the advice of the Minister. (4A) Before giving advice to the Governor‑General in relation to the making or revoking of a call out order, the Minister must consult the Prime Minister. Further orders (8) The making of a call out order in relation to particular circumstances does not prevent the making of further call out orders in relation to those circumstances. 29 Period of service while covered by call out order Period specified by Chief of the Defence Force (1) A member of the Reserves covered by a call out order is bound to render service for the period or periods specified in writing by the Chief of the Defence Force. (2) Unless it ends earlier, and despite any specification by the Chief of the Defence Force, a period ends on the day on which the revocation of the call out order takes effect. Other service not affected (3) This section does not limit a requirement to render service otherwise than under this section. Part IIIAAA—Calling out the Defence Force to protect Commonwealth interests, States and self‑governing Territories Division 1—Introduction 30 Simplified outline of this Part The Defence Force can be called out under a call out order made under this Part. A call out order is made by the Governor‑General if the Prime Minister, the Minister and the Attorney‑General (who are called the authorising Ministers) are satisfied of various matters. There are 2 general kinds of call out orders: Commonwealth interests orders and State protection orders. For both kinds of call out orders, the Defence Force can be called out immediately or, under a contingent call out order, if specified circumstances arise. Under a Commonwealth interests order, the Defence Force is called out to protect Commonwealth interests in Australia or the Australian offshore area. The order might apply in a State or Territory, or in the Australian offshore area, or in more than one of those places. Each State or self‑governing Territory in which domestic violence is occurring, or is likely to occur, must generally be consulted before the Governor‑General makes a Commonwealth interests order. A State or self‑governing Territory can apply for a State protection order to protect the State or Territory from domestic violence. A power under a call out order may be exercised in a State or Territory either because the State or Territory is specified in the order or because the power is exercised in the State or Territory for a purpose specified in the order. As far as reasonably practicable, the Chief of the Defence Force must assist, and cooperate with, the police force of a State or Territory that is affected by a call out of the Defence Force. Members of the Defence Force can exercise certain powers if the Defence Force is called out under a call out order. There are 3 categories of powers: (a) powers that generally can be exercised only if authorised by an authorising Minister; and (b) powers that can be exercised in an area that has been declared by the authorising Ministers; and (c) powers for protecting infrastructure that has been declared by the authorising Ministers. Expedited call out orders, specified area declarations and infrastructure declarations can be made by the authorising Ministers or other Ministers in sudden and extraordinary emergencies. Call out orders, specified area declarations and infrastructure declarations are all provided to the Presiding Officers for tabling in each House of the Parliament. An independent review of this Part is to be commenced at least every 5 years. The operation, effectiveness and implications of this Part can also be reviewed on the initiative of the Independent National Security Legislation Monitor under the Independent National Security Legislation Monitor Act 2010. 31 Definitions In this Part: Australian offshore area means: (a) Australian waters; or (b) the exclusive economic zone adjacent to the coast of Australia; or (c) the sea over the continental shelf of Australia; and includes the airspace over an area covered by paragraph (a), (b) or (c). Note: The exclusive economic zone adjacent to the coast of an external Territory, and the sea over the continental shelf of an external Territory, are part of the Australian offshore area (see the definition of Australia in section 4). Australian waters means: (a) the territorial sea of Australia; or (b) the waters of the sea on the landward side of the territorial sea of Australia; but does not include the internal waters of a State or self‑governing Territory. Note: The territorial sea of an external Territory, and the waters of the sea on the landward side of the territorial sea of an external Territory, are part of Australian waters (see the definition of Australia in section 4). authorised Defence officer means: (a) an officer; or (b) an officer in a class of officers; authorised, by the Chief of the Defence Force under subsection 51A(6), to be an authorised Defence officer. authorising Ministers means the Prime Minister, the Minister and the Attorney‑General. call out order means an order made under section 33, 34, 35 or 36. Commonwealth interests order means a call out order made under section 33 or 34. contingent call out order means a call out order made under section 34 or 36. criminal act means an act or omission that would, if done or omitted to be done in the Jervis Bay Territory, contravene the substantive criminal law of the Jervis Bay Territory. declared infrastructure means infrastructure, or a part of infrastructure, that is declared under section 51H. domestic violence has the same meaning as in section 119 of the Constitution. expedited order means an order made under section 51U. expedited order or declaration means an order or declaration made under section 51U. facility includes a fixed or floating structure or installation of any kind (but does not include a means of transport). infrastructure includes physical facilities, supply chains, information technologies and communication networks or systems. infrastructure declaration means a declaration made under section 51H. internal waters of a State or self‑governing Territory: (a) means the waters of the sea within the limits of the State or Territory; and (b) includes the airspace over those waters. location includes any premises or place. means of transport means a vehicle, vessel, aircraft, train or other means of transporting persons or goods (whether or not manned). member of the police force, of a Territory for which the Australian Federal Police provides police services, means a member or special member of the Australian Federal Police providing police services for the Territory. Minister for Home Affairs means the Minister who administers the Australian Federal Police Act 1979. person who may be detained, in relation to a call out order, means a person: (a) who is likely to pose a threat to any person's life, health or safety, or to public health or public safety; or (b) both: (i) who has committed an offence, against a law of the Commonwealth, a State or a Territory, that is related to the domestic violence or threat specified in the call out order; and (ii) whom it is necessary, as a matter of urgency, to detain. Note: For paragraph (b), in order to detain a person, a member of the Defence Force must believe on reasonable grounds that the conditions in that paragraph have been met. police force, of a Territory for which the Australian Federal Police provides police services, means the Australian Federal Police, to the extent that it provides police services for the Territory. premises includes: (a) a place that is private property; and (b) in the Australian offshore area—a facility. Presiding Officer means the President of the Senate or the Speaker of the House of Representatives. search of a person means: (a) a search of the person or of things in the possession of the person that may include: (i) requiring the person to remove the person's overcoat, coat or jacket and any gloves, shoes and hat; and (ii) an examination of those items; or (b) a search of the 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: (c) requiring the person to remove all of the person's garments; or (d) an examination of the person's body cavities. search authorisation has the meaning given by subsection 51A(1). self‑governing Territory means: (a) the Australian Capital Territory; or (b) the Northern Territory and its internal waters. specified area means an area that is declared to be a specified area in a declaration that is in force under section 51. specified area declaration means a declaration in force under section 51. State includes the internal waters of the State. State protection order means a call out order made under section 35 or 36. substantive criminal law means law (including unwritten law): (a) creating offences or imposing criminal liability for offences; or (b) dealing with capacity to incur criminal liability; or (c) providing a defence or providing for the reduction of the degree of criminal liability; or (d) providing for the confiscation of property used in, or derived from, the commission of an offence; or (e) dealing with other subjects declared by the regulations to be within the ambit of the substantive criminal law of the Jervis Bay Territory; or (f) providing for the interpretation of laws of the kinds mentioned above. thing includes any means of transport. thing that may be seized, in relation to a call out order, means a thing that: (a) is likely to pose a threat to any person's life, health or safety, or to public health or public safety; or (b) is likely to cause serious damage to property; or (c) is connected with the domestic violence or threat specified in the call out order, and that it is necessary, as a matter of urgency, to seize. utilised under a call out order: the Defence Force, or a member of the Defence Force, is utilised under a call out order if the Defence Force or member is utilised under section 39. vessel means: (a) a ship, boat, raft, pontoon or submersible craft; or (b) any other thing capable of carrying persons or goods through or on water; (whether or not crewed) and includes a hovercraft and other non‑displacement craft. Division 2—Calling out the Defence Force Subdivision A—Simplified outline of this Division 32 Simplified outline of this Division A call out order is made by the Governor‑General if the Prime Minister, the Minister and the Attorney‑General (who are called the authorising Ministers) are satisfied of various matters. There are 2 general kinds of call out orders: Commonwealth interests orders and State protection orders. For both kinds of call out orders, the Defence Force can be called out immediately or, under a contingent call out order, if specified circumstances arise. Under a Commonwealth interests order, the Defence Force is called out to protect Commonwealth interests in Australia or the Australian offshore area. The order might apply in a State or Territory, or in the Australian offshore area, or in more than one of those places. Each State or self‑governing Territory in which domestic violence is occurring, or is likely to, would or would be likely to occur, must generally be consulted before the Governor‑General makes a Commonwealth interests order. A State or self‑governing Territory can apply for a State protection order to protect the State or Territory from domestic violence. A power under a call out order may be exercised in a State or Territory either because the State or Territory is specified in the order or because the power is exercised in the State or Territory for a purpose specified in the order. As far as reasonably practicable, the Chief of the Defence Force must assist, and cooperate with the police force of, a State or Territory that is affected by a call out of the Defence Force. Subdivision B—Making call out orders 33 Calling out the Defence Force to protect Commonwealth interests Conditions for making order (1) The Governor‑General may make an order under subsection (3) if the authorising Ministers are satisfied that: (a) any of the following applies: (i) domestic violence that would, or would be likely to, affect Commonwealth interests is occurring or is likely to occur in Australia; (ii) there is a threat in the Australian offshore area to Commonwealth interests (whether those interests are in that area or elsewhere); (iii) 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 (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 Commonwealth interests against the domestic violence or threat, or both; and (c) one or more of Divisions 3, 4 and 5 should apply in relation to the order. Note 1: See section 38 if domestic violence is occurring or is likely to occur in a State or self‑governing Territory that does not request a call out order. Note 2: An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division 7). (2) In determining whether the authorising Ministers are satisfied as mentioned in paragraph (1)(b) in relation to domestic violence that is occurring or is likely to occur in one or more States or self‑governing Territories, the authorising Ministers: (a) must consider: (i) the nature of the domestic violence; and (ii) 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 (b) may consider any other matter that the authorising Ministers consider is relevant. Power of Governor‑General to make order (3) 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 Commonwealth interests against the domestic violence or threat, or both. Note: For additional rules in relation to making, varying and revoking call out orders, see section 37. (4) However, the Reserves must not be called out or utilised in connection with an industrial dispute. Content of order (5) The order must: (a) state that it is made under this section; and (b) specify: (i) the domestic violence or threat, or both; and (ii) the Commonwealth interests; and (iii) for domestic violence occurring or likely to occur in one or more States or self‑governing Territories—each of those States and Territories; and (c) state which of Divisions 3, 4 and 5 apply in relation to the order; and (d) state that the order: (i) comes into force when it is made; and (ii) 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 (6) The order is in force as stated in accordance with paragraph (5)(d). Note: The order can be extended under section 37. 34 Contingent call out of the Defence Force to protect Commonwealth interests Conditions for making order (1) The Governor‑General may make an order under subsection (3) if the authorising Ministers are satisfied that: (a) if specified circumstances were to arise: (i) domestic violence that would, or would be likely to, affect Commonwealth interests would occur, or would be likely to occur, in Australia; or (ii) 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 (iii) 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 (b) 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 (c) 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 (d) if the circumstances arise, one or more of Divisions 3, 4 and 5 should apply in relation to the order. Note 1: See section 38 if domestic violence would occur, or would be likely to occur, in a State or self‑governing Territory that does not request a call out order. Note 2: An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division 7). (2) In determining whether the authorising Ministers are satisfied as mentioned in paragraph (1)(c) in relation to domestic violence that would occur, or would be likely to occur, in one or more States or self‑governing Territories if specified circumstances were to arise, the authorising Ministers: (a) must consider: (i) the nature of the domestic violence; and (ii) 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 (b) may consider any other matter that the authorising Ministers consider is relevant. Power of Governor‑General to make order (3) The Governor‑General may, by written order, specify that, if the specified circumstances arise: (a) the Defence Force is called out; and (b) 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. Note: For additional rules in relation to making, varying and revoking call out orders, see section 37. (4) However, the Reserves must not be called out or utilised in connection with an industrial dispute. Content of order (5) The order must: (a) state that it is made under this section; and (b) specify: (i) the circumstances to which the order relates; and (ii) the domestic violence or threat, or both; and (iii) the Commonwealth interests; and (iv) 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 (c) state which of Divisions 3, 4 and 5 apply in relation to the order; and (d) state that the order: (i) comes into force when it is made; and (ii) ceases to be in force at the end of a specified period, unless it is revoked earlier. When order is in force (6) The order is in force as stated in accordance with paragraph (5)(d). Note: The order can be extended under section 37. 35 Calling out the Defence Force to protect States and Territories Conditions for making order (1) The Governor‑General may make an order under subsection (3) if: (a) 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 (b) the authorising Ministers are satisfied that: (i) 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 (ii) one or more of Divisions 3, 4 and 5 should apply in relation to the order. Note: An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division 7). (2) In determining whether the authorising Ministers are satisfied as mentioned in subparagraph (1)(b)(i) in relation to domestic violence that is occurring, or is likely to occur, in the State or self‑governing Territory, the authorising Ministers: (a) must consider: (i) the nature of the domestic violence; and (ii) 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 (b) may consider any other matter that the authorising Ministers consider is relevant. Power of Governor‑General to make order (3) 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 or Territory against the domestic violence. Note: For additional rules in relation to making, varying and revoking call out orders, see section 37. (4) However, the Reserves must not be called out or utilised in connection with an industrial dispute. Content of order (5) The order must: (a) state that it is made under this section; and (b) specify: (i) the domestic violence; and (ii) the State or Territory; and (c) state which of Divisions 3, 4 and 5 apply in relation to the order; and (d) state that the order: (i) comes into force when it is made; and (ii) 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 (6) The order is in force as stated in accordance with paragraph (5)(d). Note: The order can be extended under section 37. 36 Contingent call out of the Defence Force to protect States and Territories Conditions for making order (1) The Governor‑General may make an order under subsection (3) if: (a) 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 (b) 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 (c) the authorising Ministers are satisfied that, if the specified circumstances arise: (i) 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 (ii) one or more of Divisions 3, 4 and 5 should apply in relation to the order. Note: An expedited order may be made by one or more Ministers in sudden and extraordinary emergencies (see Division 7). (2) In determining whether the authorising Ministers are satisfied as mentioned in subparagraph (1)(c)(i) in relation to domestic violence that would occur, or would be likely to occur, in the State or self‑governing Territory if specified circumstances were to arise, the authorising Ministers: (a) must consider: (i) the nature of the domestic violence; and (ii) 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 (b) may consider any other matter that the authorising Ministers consider is relevant. Power of Governor‑General to make order (3) The Governor‑General may, by written order, specify that, if the specified circumstances arise: (a) the Defence Force is called out; and (b) the Chief of the Defence Force is directed to utilise the Defence Force to protect the State or Territory against the domestic violence. Note: For additional rules in relation to making, varying and revoking call out orders, see section 37. (4) However, the Reserves must not be called out or utilised in connection with an industrial dispute. Content of order (5) The order must: (a) state that it is made under this section; and (b) specify: (i) the circumstances to which the order relates; and (ii) the domestic violence; and (iii) the State or Territory; and (c) state which of Divisions 3, 4 and 5 apply in relation to the order; and (d) state that the order: (i) comes into force when it is made; and (ii) 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 (6) The order is in force as stated in accordance with paragraph (5)(d). Note