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Defence Amendment (Call Out of the Australian Defence Force) Bill 2018


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Attorney-General

Summary

Implements certain recommendations of the Review of Defence Support to National Counter-Terrorism Arrangements by amending the Defence Act 1903 to: permit states and territories to request that the Commonwealth call out the Australian Defence Force (ADF) in a wider range of circumstances; enable call out orders to authorise the ADF to operate in multiple jurisdictions, as well as the offshore area; authorise the ADF to respond to incidents that cross a border into a jurisdiction that has not been specified in an order in certain circumstances; allow the ADF to be pre-authorised to respond to land and maritime threats, in addition to aviation threats; increase the requirements for the ADF to consult with state and territory police where it is operating in their jurisdictions; simplify, expand and clarify the power of the ADF to search and seize, and to control movement during an incident; remove the distinction between general security areas and designated areas; for the purposes of expedited call out, clarify that acting ministers are to be treated as substantive ministers and add the Minister for Home Affairs as an alternative authorising minister; and make technical amendments. Also makes a consequential amendment to the Defence Reserve Service (Protection) Act 2001.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 28/06/18  
Second reading moved 28/06/18  
Second reading debate 18/10/18  
Second reading debate 22/10/18  
Second reading agreed to 22/10/18  
Third reading agreed to 22/10/18  
     
Senate
Introduced and read a first time 12/11/18  
Second reading moved 12/11/18  
Second reading debate 26/11/18  
Second reading debate 27/11/18  
Second reading agreed to 27/11/18  
Committee of the Whole debate 27/11/18  
Third reading debated 27/11/18  
Third reading agreed to 27/11/18  
     
Finally passed both Houses 27/11/18  
Assent 10/12/18 Act no: 158 - Year: 2018
     

Text of bill

  • First reading

MS-Word PDF HTML
  • As passed by both Houses

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML
  • Addendum to explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

Bills Digest



Notes
  • Referred to Committee (28/06/2018): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (03/09/2018)
  • Considered by scrutiny committee (15/08/2018): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 10 of 2018
  • Considered by scrutiny committee (21/08/2018): Parliamentary Joint Committee on Human Rights; Report 12 of 2018
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)