Revocation of Order to Call Out the Australian Defence Force Reserves

Overview

The Defence Act 1903, as amended by the F2020N00012 (Notifiable instrument), addresses the issue of the temporary call out of the Australian Defence Force Reserves, providing a legislative mechanism for the revocation of such orders. Enacted by the Commonwealth Parliament, this Act allows the Governor-General, on the advice of the Minister for Defence, to revoke a previously issued order to call out the reserves. The policy objective behind this legislative action is to ensure that the reserves are only mobilised when necessary and can be demobilised promptly when the need no longer exists, thereby maintaining the flexibility and readiness of the Australian Defence Force in response to evolving national security requirements. This legal framework ensures that the call out of reserves is a controlled and deliberate action, subject to clear and transparent legislative processes.

Scope and Application

The Defence Act 1903 applies to the Australian Defence Force (ADF) and its reserves, as well as the Governor-General and the Minister for Defence. This Act governs the procedures and circumstances under which the Australian Defence Force can be called out, including the establishment and revocation of orders to call out the ADF reserves. The scope of this Act is national, as it pertains to the Commonwealth of Australia. The revocation of the Call Out order as presented in this notifiable instrument is an exercise of the powers granted under subsection 28(4)(b) of the Defence Act 1903, demonstrating the ability of the Governor-General, acting on the advice of the Minister for Defence, to manage the deployment and demobilisation of the ADF reserves. The revocation of the order is effective as of 7 February 2020, marking the end of the previously issued directive to call out the Australian Defence Force Reserves.

Key Provisions

The main operative sections of this notifiable instrument (sections 1-3) detail the revocation of a previously issued order to call out the Australian Defence Force Reserves. Specifically, section 1 states the revocation of the Call Out order signed by the Governor-General on 4 January 2020. Section 2 identifies the Governor-General, General the Honourable David Hurley AC DSC (Retd), as the person making the revocation, acting with the advice of the Minister for Defence under subsection 28(4)(b) of the Defence Act 1903. Section 3 specifies that the revocation takes effect on 7 February 2020, providing a clear timeline for when the order ceases to be in force. The obligations and requirements imposed by this Act on the relevant parties include the formal process of revoking an existing order to call out the Australian Defence Force Reserves. The Governor-General, acting on the advice of the Minister for Defence, must follow the stipulated procedures as outlined in the Defence Act 1903 to ensure the revocation is carried out correctly and officially. This includes signing and sealing the document with the Great Seal of Australia, as noted in section 3, to authenticate the revocation. In terms of consequences for breach or non-compliance, the Defence Act 1903 does not explicitly outline specific offences, penalties, or civil/criminal consequences related to the revocation of the Call Out order in this notifiable instrument. However, any improper or unauthorised revocation of a Call Out order could potentially lead to legal scrutiny and consequences under the broader provisions of the Defence Act 1903, which may include disciplinary actions or other legal repercussions depending on the context and nature of the breach. The maximum penalties for breaches under the Defence Act 1903 could vary widely, ranging from fines to imprisonment, depending on the severity and nature of the offence.