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Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2006

Schedule 2 Incidents involving designated critical infrastructure

   

Defence Act 1903

1  Subsection 51(1)

Insert:

designated critical infrastructure means infrastructure, or a part of infrastructure, that is declared under section 51CB.

2  Subsection 51(1)

Insert:

infrastructure includes physical facilities, supply chains, information technologies and communication networks or systems.

3  Before section 51D

Insert:

51CB   Declaration of designated critical infrastructure

             (1)  The authorising Ministers may, in writing, declare that particular infrastructure, or a part of particular infrastructure, in Australia or in the Australian offshore area is designated critical infrastructure.

             (2)  However, the authorising Ministers may do so only if they believe on reasonable grounds that:

                     (a)  there is a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; and

                     (b)  the damage or disruption would directly or indirectly endanger the life of, or cause serious injury to, other persons.

             (3)  If the authorising Ministers no longer believe those matters, they must revoke the declaration.

             (4)  To avoid doubt, the authorising Ministers may make a declaration under this section whether or not an order is in force under this Division.

             (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.

4  After Division 2 of Part IIIAAA

Insert:

Division 2A Powers to protect designated critical infrastructure

51IA   Application of this Division and Division 4

             (1)  If an order states in accordance with paragraph 51A(4)(c), 51AA(8)(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.

             (2)  In relation to an order under section 51AA, this Division and Division 4 (in its operation in relation to this Division) apply only in:

                     (a)  the Australian offshore area; and

                     (b)  if the order includes a direction mentioned in subsection 51AA(5)—the internal waters of the State or self-governing Territory specified in the order.

51IB   Powers to protect designated critical infrastructure

                   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, do any one or more of the following for the purpose of protecting designated critical infrastructure:

                     (a)  take one or both of the following actions:

                              (i)  prevent, or put an end to, damage or disruption to the operation of the designated critical infrastructure;

                             (ii)  prevent, or put an end to, acts of violence;

                     (b)  in connection with taking any such action, do any one or more of the following:

                              (i)  if the member finds a person whom the member believes on reasonable grounds to have 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;

                             (ii)  protect persons from acts of violence;

                            (iii)  control the movement of persons or of means of transport;

                            (iv)  evacuate persons to a place of safety;

                             (v)  search persons or things for dangerous things or other things related to the threat concerned;

                            (vi)  seize any dangerous thing or other thing related to the threat concerned found in such a search;

                     (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 thing is seized under this section.

5  After subsection 51T(2)

Insert:

          (2A)  Despite subsection (1), in exercising powers under Division 2A, 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:

                              (i)  protect the life of, or to prevent serious injury to, another person (including the member); or

                             (ii)  protect, against the threat concerned, the designated critical infrastructure in respect of which the powers are being exercised; or

                     (b)  subject the person to greater indignity than is reasonable and necessary in the circumstances.