36Contingent call out of the Defence Force to protect States and Territories

36  Contingent call out of the Defence Force to protect States and Territories  (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:  (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  (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.  (i) the circumstances to which the order relates; and  (ii) the domestic violence; and  (iii) the State or Territory; and  (ii) ceases to be in force at the end of the period specified in the order, unless it is revoked earlier. Subdivision C—Common provisions for making, varying and revoking call out orders 37  Making, varying and revoking call out orders Variation of order  (1) The Governor‑General may, in writing, vary a call out order if:  (a) the authorising Ministers are still satisfied as mentioned in subsection 33(1), 34(1), 35(1) or 36(1) (as the case requires); and  (b) the order, as varied, complies (subject to subsection (2)) with the following provisions (as the case requires):  (i) subsections 33(3) to (5);  (ii) subsections 34(3) to (5);  (iii) subsections 35(3) to (5);  (iv) subsections 36(3) to (5); and  (c) for a State protection order—the State or Territory that applied for the order requests the variation. Note: See section 38 if a Commonwealth interests order specifies a State or self‑governing Territory that does not request a variation.  (2) The Governor‑General may vary a call out order to extend the period during which the order is in force. However, a period that is varied in an order under section 33 or 35 must not end more than 20 days after the variation takes effect. Note: Sections 33 and 35 allow the Defence Force to be called out immediately. Revocation of order  (3) The Governor‑General must, in writing, revoke a call out order if:  (a) 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  (b) 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  (4) A variation or revocation of a call out order takes effect when the order is varied or revoked. Advice to Governor‑General  (5) In making, varying or revoking a call out order, the Governor‑General is to act with the advice of:  (a) 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.  (6) To avoid doubt, if a call out order is revoked or ceases to be in force:  (a) the call out of the Defence Force under the order ends; and  (b) the Chief of the Defence Force must cease utilising the Defence Force under section 39. Notice to State or self‑governing Territory  (7) As soon as reasonably practicable after making, varying or revoking a Commonwealth interests order that specifies a State or self‑governing Territory, an authorising Minister must arrange for the Government of the State or Territory to be notified of the making, variation or revocation of the order. However, a failure to do so does not affect the validity of the making, variation or revocation of the order. Further orders  (8) The fact that a call out order has been made does not prevent further call out orders being made in relation to the same matter. 38  Commonwealth interests orders or variations that were not requested by a State or Territory  (1) The Governor‑General may make or vary a Commonwealth interests order in relation to domestic violence whether or not any State or self‑governing Territory in which the domestic violence is occurring, is likely to occur, would occur, or would be likely to occur, requests the order or variation (as the case requires).  (2) However, if any Government of those States or Territories does not request the order or variation, an authorising Minister must (subject to subsection (3)) consult that Government about the order or variation before the Governor‑General makes or varies the order. Note: An authorising Minister is not required to consult in relation to an expedited call out order (see subsection 51V(6)).  (3) Subsection (2) does not apply to a Commonwealth interests order made under section 33 if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with that subsection. Subdivision D—Effect of making call out order