12Governor‑General may extend period for which a national emergency declaration is in force

12 Governor‑General may extend period for which a national emergency declaration is in force

Conditions for extending a national emergency declaration (1) The Governor‑General may, in writing, vary a national emergency declaration that relates to an emergency to extend the period for which it is in force (for a further period of up to 3 months) if the Prime Minister is satisfied that: (a) the emergency has recently occurred or is occurring (whether in or outside Australia); and (b) the emergency has caused, is causing or is likely to cause nationally significant harm in Australia or in an Australian offshore area; and (c) any of the following subparagraphs apply: (i) the governments of each State and Territory in which the emergency has caused, is causing or is likely to cause nationally significant harm have requested, in writing, the extension; (ii) because of the emergency, it is not practicable for a request to be made under subparagraph (i); (iii) the emergency has affected, is affecting or is likely to affect Commonwealth interests; (iv) extending the period is appropriate, having regard to the nature of the national emergency and the nature and severity of the nationally significant harm; and (d) for reasons relating to emergency management, it is desirable for the declaration to be in force for a longer period for the purposes of one or more national emergency laws. (2) Before the Governor‑General varies a national emergency declaration to extend the period for which it is in force, the Prime Minister must consult with: (a) if a request to make the national emergency declaration was made under subparagraph 11(1)(c)(i)—the governments of each State and Territory that made the request; and (b) the governments of each State and Territory that were consulted under subsection 11(2); and (c) the governments of each State and Territory (if any) in which the Prime Minister is satisfied the emergency has caused, is causing or is likely to cause nationally significant harm. (3) Subsection (2) does not require the Prime Minister to consult with the government of a State or Territory if the Prime Minister is satisfied that it is not practicable to do so. Period may be extended more than once (4) The Governor‑General may, under subsection (1), vary a national emergency declaration to extend the period for which it is in force more than once. However, each period of extension must not exceed 3 months. Variation is not subject to disallowance (5) A variation made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation.