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Defence Act 1903
33Calling out the Defence Force to protect Commonwealth interests
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33 Calling out the Defence Force to protect Commonwealth interests
(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:
(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
(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.
(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
(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.