Schedule 1Calling out the Reserves

###### Schedule 1—Calling out the Reserves Defence Act 1903 1 Sections 50D, 50E, 50F and 50G Repeal the sections, substitute: 50D Calling out the Reserves Governor‑General may call out the Reserves (1) The Governor‑General may, by publishing a written order in the Gazette, call out for continuous full time service: (a) the Reserves; or (b) one or more of the following: (i) a specified part or parts of the Reserves; (ii) a specified class or classes of members in the Reserves; (iii) a specified member or members of the Reserves. Circumstances required for call out (2) However, the Governor‑General may only make an order in circumstances (whether within or outside Australia) involving any one or more of the following: (a) war or warlike operations; (b) 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 (3) In making or revoking an order, the Governor‑General is to act with the advice of: (a) the Executive Council; or (b) if, after the Minister has consulted the Prime Minister, the Minister is satisfied that, for reasons of urgency, the Governor‑General should act with the advice of the Minister alone—the Minister. When order takes effect (4) An order takes effect on: (a) the day specified in the order; or (b) if no day is specified—the day on which the order is published in the Gazette. When revocation of order takes effect (5) A revocation of an order takes effect on: (a) the day specified in the revocation; or (b) if no day is specified—the day on which the revocation is published in the Gazette. Effect of revocation of order (6) To avoid doubt, if an order is revoked the call out under that order ends. Further orders (7) The fact that an order has been published under this section in relation to particular circumstances does not prevent further orders being published under this section in relation to the same circumstances. 50E Period of service during call out Direction by Chief of the Defence Force or a service chief (1) A member of the Reserves who is covered by a call out order under section 50D is bound to render the period of continuous full time naval, military or air force service (as appropriate) that the Chief of the Defence Force or a service chief directs in relation to the member. Directions may be specific or general (2) Such a direction may apply to the member specifically, by reference to a part or class of the Reserves that includes the member, or by reference to the Reserves as a whole. Length of period of service (3) The period of service specified in a direction under subsection (1): (a) must start on the day on which the relevant call out order takes effect; and (b) may be indefinite or limited. However, a direction has no effect to the extent that it specifies a period of service after the day on which the call out under the order ends. Direction must be in writing (4) A direction under this section must be in writing. Further directions (5) The fact that a direction has been given in relation to an order under section 50D does not prevent further directions being given in relation to the same order. Continuous full time service otherwise than under this section (6) Nothing in this section prevents a member of the Reserves from being bound to render continuous full time naval, military or air force service otherwise than under this section. 2 Subsections 120A(4), (4A) and (4B) Omit “, 50E, 50F”. 3 Application of amendments The amendments made by this Schedule apply in relation to all members of the Reserves, whether they became members of the Reserves before or after the Schedule commenced.