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

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

House of Representatives
Introduced and read a first time	28 Jun 2018
Second reading moved	28 Jun 2018
Second reading debate	18 Oct 2018
Second reading debate	22 Oct 2018
Second reading agreed to	22 Oct 2018
Third reading agreed to	22 Oct 2018

Senate
Introduced and read a first time	12 Nov 2018
Second reading moved	12 Nov 2018
Second reading debate	26 Nov 2018
Second reading debate	27 Nov 2018
Second reading agreed to	27 Nov 2018
Committee of the Whole debate	27 Nov 2018
Third reading debated	27 Nov 2018
Third reading agreed to	27 Nov 2018


Finally passed both Houses	27 Nov 2018
Assent Act no: 158 Year: 2018	10 Dec 2018

Documents and transcripts

Text of bill

First reading

As passed by both Houses

Explanatory memoranda

Addendum to explanatory memorandum

Explanatory memorandum

Transcript of speeches

Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Bills digest

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)

Helpful information

Text of bill

First reading: Text of the bill as introduced into the Parliament
Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.