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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Defence
Legislation Amendment (Aid to Civilian Authorities) Bill
2000
No. ,
2000
(Defence)
A Bill
for an Act to amend the Defence Act 1903, and for related
purposes
ISBN: 0642 439303
Contents
Air Force Act
1923 25
Naval Defence Act
1910 25
A Bill for an Act to amend the Defence Act 1903,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Defence Legislation Amendment (Aid to
Civilian Authorities) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraph 45(2)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.
2 Paragraph 50(1)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.
3 Section 51
Omit the section heading (including the section number) and all the words
before “Provided”, substitute:
Definitions
(1) In this Part:
authorising Ministers means the Prime Minister, the Minister
and the Attorney-General.
dangerous thing means a gun, knife, bomb, chemical weapon or
any other thing that is reasonably likely to be used to cause serious damage to
property or death or serious injury to persons.
designated area means an area in relation to which a
declaration is in force under section 51Q.
domestic violence has the same meaning as in section 119
of the Constitution.
general security area means an area in relation to which a
declaration is in force under section 51K.
means of transport means a vehicle, vessel, aircraft that is
not airborne, train or other means of transporting persons or goods.
member in charge, in relation to a search authorisation, has
the meaning given by paragraph 51L(2)(c).
order means an order under section 51A, 51B or
51C.
premises includes a place that is private property.
search of a person means:
(a) a search of a person or of things in the possession of a person that
may include:
(i) requiring the person to remove his or her overcoat, coat or jacket and
any gloves, shoes and hat; and
(ii) an examination of those items; or
(b) a search of a person conducted by quickly running the hands over the
person’s outer garments and an examination of anything worn or carried by
the person that is conveniently and voluntarily removed by the person;
but does not include:
(c) requiring the person to remove all of his or her garments;
or
(d) an examination of the person’s body cavities.
search authorisation means an authorisation under
section 51L.
search members, in relation to a search authorisation, has
the meaning given by paragraph 51L(2)(d).
self-governing Territory means the Australian Capital
Territory, the Northern Territory or Norfolk Island.
Police force etc. of certain Territories
(2) If the Australian Federal Police provides police services in relation
to a Territory:
(a) the expression police force of the Territory means the
Australian Federal Police, so far as it provides police services in relation to
the Territory; and
(b) the expression member of the police force of the
Territory means a member or special member of the Australian Federal Police
providing police services in relation to the Territory.
Conditions for making of order
(1) Subsection (2) applies if the authorising Ministers are satisfied
that:
(a) domestic violence is occurring or is likely to occur in Australia;
and
(b) if the domestic violence is occurring or is likely to occur in a State
or self-governing Territory—the State or Territory is not, or is unlikely
to be, able to protect Commonwealth interests against the domestic violence;
and
(c) 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; and
(d) either Division 2 or Division 3, or both, and
Division 4 should apply in relation to the order.
Power of Governor-General to make order
(2) If this subsection applies, 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.
Request from State or Territory not necessary
(3) If paragraph (1)(b) applies, the Governor-General may make the
order whether or not the Government of the State or the self-governing Territory
requests the making of the order.
Content of the order
(4) The order:
(a) must state that it is made under this section; and
(b) must specify the State or Territory in which the domestic violence is
occurring or likely to occur, the Commonwealth interests and the domestic
violence; and
(c) must state that Division 2 or Division 3, or both, and
Division 4 apply in relation to the order; and
(d) must state that the order comes into force when it is made and that,
unless it is revoked earlier, it ceases to be in force after a specified period
(which must not be more than 20 days).
When order is in force
(5) The order is in force as stated in accordance with
paragraph (4)(d).
Revocation of order
(6) If the authorising Ministers cease to be satisfied as mentioned in
subsection (1), the Governor-General must revoke the order.
Advice to Governor-General
(7) In making or revoking the order, the Governor-General is to act with
the advice of:
(a) except where paragraph (b) applies—the Executive Council;
or
(b) if an authorising Minister is satisfied that, for reasons of urgency,
the Governor-General should, for the purposes of this subsection, act with the
advice of the authorising Minister—the authorising Minister.
Effect of revocation of order etc.
(8) To avoid doubt, if the order is revoked or ceases to be in force, the
call out of the Defence Force under the order ends and the Chief of the Defence
Force must cease utilising the Defence Force as mentioned in
subsection (2).
Further orders
(9) The fact that the order has been made does not prevent further orders
being made in relation to the same matter.
Conditions for making of order
(1) Subsection (2) applies if a State Government applies to the
Commonwealth Government to protect the State against domestic violence that is
occurring or is likely to occur in the State and the authorising Ministers are
satisfied that:
(a) the State is not, or is unlikely to be, able to protect itself against
the domestic violence; and
(b) the Defence Force should be called out and the Chief of the Defence
Force should be directed to protect the State against the domestic violence;
and
(c) either Division 2 or Division 3, or both, and
Division 4 should apply in relation to the order.
Power of Governor-General to make order
(2) If this subsection applies, 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 State against the domestic
violence.
Note about amendment made by item 3 of this Schedule:
The proviso to former section 51 of the Defence Act 1903, which will
remain after the amendment made by item 3, is intended to form a proviso to
the new subsection 51B(2) inserted by that item.
4 Before Part IIIAA
Insert:
Content of the order
(3) The order:
(a) must state that it is made under this section; and
(b) must specify the State and the domestic violence; and
(c) must state that Division 2 or Division 3, or both, and
Division 4 apply in relation to the order; and
(d) must state that the order comes into force when it is made and that,
unless it is revoked earlier, it ceases to be in force after a specified period
(which must not be more than 20 days).
When order is in force
(4) The order is in force as stated in accordance with
paragraph (3)(d).
Revocation of order
(5) If:
(a) the State Government withdraws its application to the Commonwealth
Government; or
(b) the authorising Ministers cease to be satisfied as mentioned in
subsection (1);
the Governor-General must revoke the order.
Advice to Governor-General
(6) In making or revoking the order, the Governor-General is to act with
the advice of:
(a) except where paragraph (b) applies—the Executive Council;
or
(b) if an authorising Minister is satisfied that, for reasons of urgency,
the Governor-General should, for the purposes of this subsection, act with the
advice of the authorising Minister—the authorising Minister.
Effect of revocation of order etc.
(7) To avoid doubt, if the order is revoked or ceases to be in force, the
call out of the Defence Force under the order ends and the Chief of the Defence
Force must cease utilising the Defence Force as mentioned in
subsection (2).
Further orders
(8) The fact that the order has been made does not prevent further orders
being made in relation to the same matter.
Conditions for making of order
(1) Subsection (2) applies if the Government of a self-governing
Territory applies to the Commonwealth Government to protect the Territory
against domestic violence that is occurring or is likely to occur in the
Territory and the authorising Ministers are satisfied that:
(a) the Territory is not, or is unlikely to be, able to protect itself
against the domestic violence; 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 Territory
against the domestic violence; and
(c) either Division 2 or Division 3, or both, and
Division 4 should apply in relation to the order.
Power of Governor-General to make order
(2) If this subsection applies, 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 Territory against the domestic
violence.
Content of the order
(3) The order:
(a) must state that it is made under this section; and
(b) must specify the Territory and the domestic violence; and
(c) must state that Division 2 or Division 3, or both, and
Division 4 apply in relation to the order; and
(d) must state that the order comes into force when it is made and that,
unless it is revoked earlier, it ceases to be in force after a specified period
(which must not be more than 20 days).
When order is in force
(4) The order is in force as stated in accordance with
paragraph (3)(d).
Revocation of order
(5) If:
(a) the Government of the Territory withdraws its application to the
Commonwealth Government; or
(b) the authorising Ministers cease to be satisfied as mentioned in
subsection (1);
the Governor-General must revoke the order.
Advice to Governor-General
(6) In making or revoking the order, the Governor-General is to act with
the advice of:
(a) except where paragraph (b) applies—the Executive Council;
or
(b) if an authorising Minister is satisfied that, for reasons of urgency,
the Governor-General should, for the purposes of this subsection, act with the
advice of the authorising Minister—the authorising Minister.
Effect of revocation of order etc.
(7) To avoid doubt, if the order is revoked or ceases to be in force, the
call out of the Defence Force under the order ends and the Chief of the Defence
Force must cease utilising the Defence Force as mentioned in
subsection (2).
Further orders
(8) The fact that the order has been made does not prevent further orders
being made in relation to the same matter.
Order under section 51A
(1) If the Governor-General makes an order under section 51A, the
Chief of the Defence Force must, subject to sections 51E, 51F and 51G,
utilise the Defence Force, in such manner as is reasonable and necessary, for
the purpose of protecting the Commonwealth interests specified in the order, in
the State or Territory specified in the order, against the domestic violence
specified in the order.
Order under section 51B or 51C
(2) If the Governor-General makes an order under section 51B or 51C,
the Chief of the Defence Force must, subject to sections 51E, 51F and 51G,
utilise the Defence Force, in such manner as is reasonable and necessary, for
the purpose of protecting the State or Territory specified in the order against
the domestic violence specified in the order.
Subject to section 51G, in utilising the Defence Force in accordance
with section 51D, the Chief of the Defence Force must comply with any
direction that the Minister gives from time to time as to the way in which the
Defence Force is to be utilised.
(1) Subject to subsection (2) and to sections 51E and 51G, in
utilising the Defence Force in accordance with section 51D, the Chief of
the Defence Force must, as far as is reasonably practicable, ensure
that:
(a) the Defence Force is utilised to assist the State or Territory
specified in the order and cooperates with the police force of the State or
Territory; and
(b) the Defence Force is not utilised for any particular task unless a
member of the police force of the State or the Territory specified in the order
requests, in writing, that the Defence Force be so utilised.
(2) Subsection (1) does not require or permit the Chief of the
Defence Force to transfer to any extent command of the Defence Force to the
State or the Territory, or to a police force or member of the police force of
the State or the Territory.
In utilising the Defence Force in accordance with section 51D, the
Chief of the Defence Force must not:
(a) stop or restrict any lawful protest or dissent; or
(b) utilise the Emergency Forces or the Reserve Forces unless the
Minister, after consulting the Chief of the Defence Force, is satisfied that
sufficient numbers of the Permanent Forces are not available.
If an order states in accordance with paragraph 51A(4)(c), 51B(3)(c) or
51C(3)(c) that this Division and Division 4 apply in relation to the order,
the following provisions of this Division, and the provisions of
Division 4, apply.
Recapturing premises etc.
(1) Subject to this section, a member of the Defence Force who is being
utilised in accordance with section 51D may, under the command of the Chief
of the Defence Force:
(a) recapture premises, a place, a means of transport or other thing (the
subject premises etc.); and
(b) in connection with any such recapture, do any one or more of the
following:
(i) free any hostage from the subject premises etc.;
(ii) if the member finds in the subject premises etc. a person whom the
member believes on reasonable grounds has committed an offence against a law of
the Commonwealth, a State or Territory—detain the person for the purpose
of placing the person in the custody of a member of a police force at the
earliest practicable time;
(iii) evacuate persons found in the subject premises etc. to a place of
safety;
(iv) search the subject premises etc. for dangerous things;
(v) seize any dangerous thing found in such a search; and
(c) do anything incidental to anything in paragraph (a) or
(b).
Note: Subdivision B of Division 4 sets out what is to
happen if a dangerous thing is seized under this section.
Ministerial authorisation
(2) However, the member must not recapture the subject premises etc., or
do any of the things mentioned in paragraphs (1)(b) or (c) in connection
with any recapture of the subject premises etc., unless the authorising
Ministers, or a Minister (whether or not one of the authorising Ministers)
authorised in writing by them, has in writing authorised the
recapture.
Exception
(3) Subsection (2) does not apply if the member believes on
reasonable grounds that there is insufficient time to obtain the authorisation
because a sudden and extraordinary emergency exists.
If an order states in accordance with paragraph 51A(4)(c), 51B(3)(c) or
51C(3)(c) that this Division and Division 4 apply in relation to the order,
the following provisions of this Division, and the provisions of
Division 4, apply.
(1) The authorising Ministers may, in writing, declare that a specified
area, being a part of the State or Territory specified in the order, is a
general security area for the purposes of the application of this Division and
Division 4 in relation to members of the Defence Force who are being
utilised in accordance with section 51D.
Statement to be published
(2) If they do so, they must arrange for a statement that:
(a) summarises the content of the order, but without including any
reference to any statement in accordance with paragraph 51A(4)(c), 51B(3)(c) or
51C(3)(c) that Division 2 applies in relation to the order; and
(b) states that the declaration has been made; and
(c) describes the general security area and its boundaries;
to be:
(d) broadcast by a television or radio station so as to be capable of
being received within the general security area; and
(e) published in the Gazette.
Effect of failure to publish
(3) A failure to comply with subsection (2) does not make the
declaration ineffective to any extent.
(1) If, while the Defence Force is being utilised in accordance with
section 51D:
(a) the Chief of the Defence Force; or
(b) an officer of the Defence Force authorised by the Chief of the Defence
Force for the purposes of this section;
believes on reasonable grounds that:
(c) there is a dangerous thing on any premises in the general security
area; and
(d) it is necessary as a matter of urgency to make the dangerous thing
safe or prevent it from being used;
he or she may give an authorisation under this section.
What the authorisation must say
(2) The authorisation must:
(a) authorise entry to, and search of, the premises; and
(b) describe the premises; and
(c) state the name, rank and service number of a member of the Defence
Force (the member in charge) who is to be in charge of the search;
and
(d) authorise the member in charge, and any other member of the Defence
Force assisting the member, (the search members) to carry out the
search; and
(e) authorise each search member to seize any thing found on the premises
in the course of the search that he or she believes on reasonable grounds to be
a dangerous thing; and
(f) state that, if any search member believes on reasonable grounds that a
person who is at or near the premises while the search is being carried out has
any dangerous thing in his or her possession, the member is authorised
to:
(i) search the person; and
(ii) seize any dangerous thing found in the search; and
(g) state the time during which the authorisation remains in force, which
must not be more than 24 hours.
Note: Subdivision B of Division 4 sets out what is to
happen if a dangerous thing is seized under this subsection.
Effect of the authorisation
(3) The authorisation has effect according to its terms.
Further authorisations possible
(4) Paragraph (2)(g) does not prevent the issue of further
authorisations in relation to the same premises.
Right of occupier to be given copy of search authorisation
etc.
(1) If the occupier of the premises specified in the search authorisation,
or another person who apparently represents the occupier, is present at the
premises when the search is being carried out, the member in charge
must:
(a) identify himself or herself to that person; and
(b) give that person a copy of the search authorisation.
Right of person searched to be shown copy of search
authorisation
(2) The member in charge must, before any person (other than a person who
has been given a copy of the search authorisation under subsection (1)) is
searched in accordance with the search authorisation, show the person a copy of
the search authorisation.
(1) If the occupier of the premises specified in the search authorisation,
or another person who apparently represents the occupier, is present at the
premises when the search is being carried out, the person is entitled to observe
the search being carried out.
Search not to be impeded
(2) The entitlement to observe the search being carried out ceases if the
person impedes the search.
Multiple searches
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
(1) If a member of the Defence Force who is being utilised in accordance
with section 51D believes on reasonable grounds that a dangerous thing is
in or on a means of transport in the general security area, the member
may:
(a) erect barriers or other structures for the purpose of stopping the
means of transport; and
(b) whether or not the member does so:
(i) stop and detain the means of transport; and
(ii) search the means of transport, and any thing found in or on the means
of transport, for the dangerous thing; and
(iii) seize any dangerous thing that the member finds in the
search.
Note: Subdivision B of Division 4 sets out what is to
happen if a dangerous thing is seized under this subsection.
(2) If the member stops the means of transport, the member must not detain
it for longer than is reasonable and necessary to search it and any thing found
in or on it.
If a member of the Defence Force who is being utilised in accordance with
section 51D believes on reasonable grounds that a person in the general
security area has a dangerous thing in the person’s possession, the member
may:
(a) search the person for such a thing; and
(b) seize any such thing found in the search.
Note: Subdivision B of Division 4 sets out what is to
happen if a dangerous thing is seized under this section.
(1) The authorising Ministers may, in writing, declare that a specified
area, being the whole or a part of a general security area, is a designated area
for the purposes of the application of this Division and Division 4 in
relation to members of the Defence Force who are being utilised in accordance
with section 51D.
Where no longer a general security area
(2) To avoid doubt, if the whole or part of the area later ceases to be
within a general security area, the whole or the part ceases to be a designated
area.
Declaration to be published
(3) If the authorising Ministers make a declaration under
subsection (1), they must take reasonable steps to make the public aware of
the declaration of the designated area and of its boundaries.
Powers in relation to persons in charge of means of
transport
(1) A member of the Defence Force who is being utilised in accordance with
section 51D may do any one or more of the following in relation to a person
who is in charge of a means of transport:
(a) if the means of transport is in a part of the general security area
that is outside a designated area—direct the person not to bring the means
of transport into the designated area;
(b) direct the person to take the means of transport out of a designated
area;
(c) direct the person to take the means of transport from a place in a
designated area to another place in the designated area;
(d) direct the person not to take the means of transport from a place in a
designated area to any other place, or to a specified place, in the designated
area;
(e) compel the person to comply with a direction under any of the above
paragraphs.
Erection of barriers etc.
(2) A member of the Defence Force may erect barriers or other structures
at the boundary of, or in, a designated area for the purpose of stopping persons
from bringing means of transport into the designated area or to a place in the
designated area.
Powers in relation to means of transport
(3) If there is no person in charge of a means of transport that is in a
designated area, a member of the Defence Force may do such things as are
reasonable and necessary for either of the following purposes:
(a) to take the means of transport to a place in the general security area
that is outside the designated area;
(b) to take the means of transport to another place in the designated
area.
Powers in relation to persons generally
(4) A member of the Defence Force may do any one or more of the following
in relation to a person (whether or not in charge of a means of
transport):
(a) if the person is in the general security area but outside a designated
area—direct the person not to enter the designated area;
(b) direct the person to leave a designated area;
(c) direct the person to move from a place in a designated area to another
place in the designated area;
(d) compel the person to comply with a direction under any of the above
paragraphs.
Powers to carry out consent searches
(5) The power of a member under paragraph (1)(a) or (4)(a) to direct
a person:
(a) not to bring a means of transport into a designated area; or
(b) not to enter a designated area;
includes:
(c) the power to direct a person not to do either of those things unless
the person agrees to a member searching:
(i) in either case—the person; and
(ii) in a paragraph (a) case—the means of transport and any
thing in or on the means of transport;
for dangerous things; and
(d) if the person agrees, the power to conduct such a search and to seize
any dangerous thing that the member finds in the search.
Note: Subdivision B of Division 4 sets out what is to
happen if a dangerous thing is seized under this subsection.
Powers to enter premises etc. to give directions
(6) A member of the Defence Force may enter premises or a means of
transport for the purpose of giving a direction under any provision of this
section.
(1) While any member of the Defence Force is exercising powers under this
Division, or under Division 4 in its operation in relation to this
Division, he or she must at all times:
(a) wear his or her uniform; and
(b) for the purposes of identification, have his or her surname
and:
(i) numbers; or
(ii) a combination of numbers and letters of the alphabet;
on or attached to the front of his or her uniform.
Penalty: 30 penalty units.
Situation where no offence committed
(2) A member who contravenes paragraph (1)(b) is not guilty of an
offence if the contravention occurs because of an act of another person (not
being a member) done without the consent of the member.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
Application of Criminal Code
(3) Chapter 2 of the Criminal Code applies to an offence
against this section.
Note: Chapter 2 of the Criminal Code sets out
the general principles of the criminal responsibility.
Members to be given means to comply with obligations
(4) The Chief of the Defence Force must take such steps as are reasonable
and necessary to ensure that members do not contravene
subsection (1).
(1) A member of the Defence Force may, in exercising any power under
Division 2 or 3 or this Division, use such force against persons and things
as is reasonable and necessary in the circumstances.
Further restrictions on use of force
(2) However, a member of the Defence Force must not, in using force
against a person:
(a) do anything that is likely to cause the death of, or grievous bodily
harm to, the person unless the member believes on reasonable grounds that doing
that thing is necessary to protect the life of, or to prevent serious injury to,
another person (including the member); or
(b) subject the person to greater indignity than is reasonable and
necessary in the circumstances.
(3) In addition, if a person is attempting to escape being detained by
fleeing, a member of the Defence Force must not do anything that is likely to
cause the death of, or grievous bodily harm to, the person unless the person
has, if practicable, been called on to surrender and the member believes on
reasonable grounds that the person cannot be apprehended in any other
manner.
(1) A member of the Defence Force who, in accordance with subparagraph
51I(1)(b)(ii) or paragraph 51V(e), detains a person must inform the person, at
the time the person is detained, of the offence mentioned in that
provision.
(2) It is sufficient if the person is informed of the substance of the
offence, and it is not necessary that this be done in language of a precise or
technical nature.
(3) Subsection (1) does not apply to the detention of a person
if:
(a) the person should, in the circumstances, know the substance of the
offence; or
(b) the person’s actions make it impracticable for the member to
inform the person of the offence.
If a member of the Defence Force seizes a dangerous thing under
Division 2 or 3, the member:
(a) may take such action as is reasonable and necessary to make the thing
safe or prevent it being used; and
(b) if the member seized the thing from a person—must, if it is
practicable to do so, give the person a receipt for the thing; and
(c) if the member believes on reasonable grounds that the thing has been
used or otherwise involved in the commission of an offence against a law of the
Commonwealth, a State or a Territory—must give the thing to a member of a
police force at the earliest practicable time; and
(d) if paragraph (c) does not apply—must:
(i) if the member seized the thing from a person and it is practicable to
do so—return the thing to the person; or
(ii) if not, give it to a member of a police force; and
(e) if:
(i) the member seized the thing from a person; and
(ii) the member believes on reasonable grounds that the person used the
thing in the commission of an offence against a law of the Commonwealth, a State
or a Territory;
may detain the person for the purpose of placing him or her in the
custody of a member of a police force at the earliest practicable
time.
If, before, during or after exercising a power under Division 2 or 3
or this Division, a member of the Defence Force fails to comply with any
obligation imposed under any of those Divisions that relates to the exercise of
the power, the member is not, or is taken not to have been, entitled to exercise
the power.
Single order
(1) If:
(a) an order under this Part ceases to be in force; and
(b) the order is not one of 2 or more orders to which subsection (2)
applies;
the Minister must arrange for publication to take place in accordance with
subsection (3) of:
(c) a copy of:
(i) the order; and
(ii) any declarations of general security areas or designated areas under
the order; and
(d) a report on any utilisation of the Defence Force that occurred under
the order.
Successive orders
(2) If 2 or more orders under this Part about the same or related
circumstances come into force in succession, without any intervening period when
no such order is in force, the Minister must arrange for publication to take
place in accordance with subsection (3) of:
(a) a copy of:
(i) all of the orders; and
(ii) any declarations of general security areas or designated areas under
the orders; and
(b) a report on any utilisation of the Defence Force that occurred under
the orders.
Publication requirements
(3) For the purposes of subsection (1) or (2), publication of the
copy and report takes place in accordance with this subsection if, within 7 days
after the order mentioned in subsection (1) or the last of the orders
mentioned in subsection (2) ceases to be in force, the copy and report
are:
(a) tabled in the Parliament; or
(b) published on the Department’s web site; or
(c) otherwise publicly released.
(4) If publication of the copy and report takes place in accordance with
subsection (3) other than by tabling them in the Parliament, the Minister
must arrange for them to be tabled in the Parliament within 3 sitting days of
the Parliament after the end of the 7 days mentioned in that
subsection.
Effect of revocation
(5) To avoid doubt, a reference to an order ceasing to be in force
includes a reference to an order ceasing to be in force because it is
revoked.
This Part does not affect any utilisation of the Defence Force that would
be permitted or required, or any powers that the Defence Force would have, if
this Part were disregarded.
1 Paragraph 4H(1)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.
2 Paragraph 4J(1)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.
3 Paragraph 32(1)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.
4 Paragraph 32A(1)(b)
Omit “or 51”, substitute “, 51A, 51B or
51C”.