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):