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Calling Out The Troops - The Australian Military And Civil Unrest: The Legal And Constitutional Issues By Michael Head, Cameron Moore
Calling Out The Troops - The Australian Military And Civil Unrest: The Legal And Constitutional Issues By Michael Head, Cameron Moore
Faculty of Law, Humanities and the Arts - Papers (Archive)
[As of 2006, part IIIAAA of the Defence Act 1903 (Cth) permits Australian military aircraft and warships to fire missiles into civilian aircraft or shipping where they present a threat to 'Commonwealth interests'. There is no need for a declaration of war nor any actual armed conflict to be taking place. This is not to say that there are no checks and balances. There are, and they include the concurrence in most circumstances of the Prime Minister, Attorney-General, Defence Minister and Governor-General. However, such powers were too much for the German Constitutional Court, which struck down comparable German legislation. This …