Senate debates

Wednesday, 8 February 2006

Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005 [2006]

In Committee

10:52 am

Photo of Ian CampbellIan Campbell (WA, Liberal Party, Minister for the Environment and Heritage) Share this | Hansard source

by leave—I move together government amendments (1) to (10) on sheet PA330:

(1)    Schedule 2, item 3, page 24 (after line 30), at the end of section 51CB, add:

        (5)    If the infrastructure, or the part of the infrastructure, is in a State or a self-governing Territory:

             (a)    the authorising Ministers may make the declaration referred to in subsection (1) whether or not the Government of the State or the self-governing Territory requests the making of the declaration; and

             (b)    if the Government of the State or the self-governing Territory does not request the making of the declaration referred to in subsection (1), an authorising Minister must, subject to subsection (6), consult that Government about the making of the declaration.

        (6)    However, paragraph (5)(b) does not apply if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with the requirements of that paragraph.

(2)   Schedule 3, item 1, page 27 (line 21), after “section 51A”, insert “or 51AA (as the case requires)”.

(3)   Schedule 4, item 1, page 33 (after line 29), after subsection 51CA(2), insert:

Expedited call out by an authorising Minister and another Minister

     (2A)    An authorising Minister, together with the Deputy Prime Minister, the Minister for Foreign Affairs or the Treasurer, may make an order of a kind that the Governor-General is empowered to make under section 51A, 51AA, 51AB, 51B or 51C if the Ministers are satisfied that:

             (a)    because a sudden and extraordinary emergency exists, it is not practicable for an order to be made under that section; and

             (b)    the Prime Minister is unable to be contacted for the purposes of considering whether to make, and making, an order under subsection (1) of this section; and

             (c)    the remaining authorising Minister is unable to be contacted for the purposes of considering whether to make, and making, an order under subsection (2) of this section; and

             (d)    the circumstances referred to in subsection 51A(1), 51AA(1), 51AB(1), 51B(1) or 51C(1) (as the case requires) exist.

(4)   Schedule 4, item 1, page 34 (line 7), after “subsection (2)”, insert “or (2A)”.

(5)   Schedule 4, item 1, page 34 (line 8), omit “authorising”.

(6)   Schedule 4, item 1, page 34 (line 13), omit “authorising”.

(7)   Schedule 4, item 1, page 34 (line 18), omit “authorising”.

(8)   Schedule 4, item 1, page 34 (line 28), omit “authorising”.

(9)   Schedule 4, item 1, page 34 (line 29), omit “authorising”.

(10) Schedule 4, item 1, page 35 (line 28), omit “authorising”.

I table a supplementary explanatory memorandum relating to the government amendments. I am informed that the memorandum was circulated in the chamber yesterday. My apologies to Senator Brown: I was just seeking some advice on the running sheet when, I understand, you asked a question. If you could repeat it for my benefit, I would appreciate it.

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