{"id":"C2019A00053","name":"Counter-Terrorism (Temporary Exclusion Orders) Act 2019","slug":"counter-terrorism-temporary-exclusion-orders-act-2019","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"53 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":55132,"registerId":"commonwealth-C2019A00053-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the Counter‑Terrorism (Temporary Exclusion Orders) Act 2019.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

30 July 2019

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 3 Simplified outline of this Act\n\nThe Minister may make an order (called a temporary exclusion order) that prevents a person from entering Australia for a specified period, which may be up to 2 years. An order cannot be made unless certain criteria are met, and it can be revoked.\n\nThe Minister must refer the decision to make a temporary exclusion order to a reviewing authority for review. If the reviewing authority is of the opinion that the decision involved specified errors of law, the decision is taken never to have been made.\n\nIf the person is being deported or extradited to Australia or makes an application, the Minister must issue a permit (called a return permit) that allows the person to enter Australia. The Minister may also issue a permit if the Minister considers that it is appropriate to do so.\n\nThe permit may contain conditions, such as specifying the period within which and the way in which the person must enter Australia, and requiring the person to give notice of specified things, such as the person’s principal place of residence or place of employment while in Australia. Conditions cannot be imposed unless the Minister has regard to certain matters and is satisfied of specified matters.\n\nA return permit can remain in force for a maximum period of 12 months after the person to whom it applies enters Australia.\n\nA return permit can be varied or revoked.\n\nIt is an offence to fail to comply with any conditions imposed on a return permit, or to give false or misleading information or documents in purported compliance with such conditions.\n\nThe Minister must, each year, present a report to each House of the Parliament on the operation of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> Australian travel document has the meaning given by the Australian Passports Act 2005.\n\n> listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code.\n\n> return permit means a permit issued under subsection 15(1) or (2).\n\n> reviewing authority means a person appointed under section 23.\n\n> state sponsor of terrorism has the same meaning as in the Criminal Code.\n\n> temporary exclusion order means an order made under subsection 10(1).\n\n> terrorist act has the same meaning as in the Crimes Act 1914.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act extends to external Territories","content":"#### 5 Act extends to external Territories\n\n This Act extends to every external Territory.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act extends to things outside Australia","content":"#### 6 Act extends to things outside Australia\n\n This Act extends to acts, omissions, matters and things outside Australia.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Act binds the Crown","content":"#### 7 Act binds the Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Temporary exclusion orders and return permits","content":"An Act to protect the community from terrorism by providing for temporary exclusion orders, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Counter‑Terrorism (Temporary Exclusion Orders) Act 2019.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

30 July 2019

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\nThe Minister may make an order (called a temporary exclusion order) that prevents a person from entering Australia for a specified period, which may be up to 2 years. An order cannot be made unless certain criteria are met, and it can be revoked.\n\nThe Minister must refer the decision to make a temporary exclusion order to a reviewing authority for review. If the reviewing authority is of the opinion that the decision involved specified errors of law, the decision is taken never to have been made.\n\nIf the person is being deported or extradited to Australia or makes an application, the Minister must issue a permit (called a return permit) that allows the person to enter Australia. The Minister may also issue a permit if the Minister considers that it is appropriate to do so.\n\nThe permit may contain conditions, such as specifying the period within which and the way in which the person must enter Australia, and requiring the person to give notice of specified things, such as the person’s principal place of residence or place of employment while in Australia. Conditions cannot be imposed unless the Minister has regard to certain matters and is satisfied of specified matters.\n\nA return permit can remain in force for a maximum period of 12 months after the person to whom it applies enters Australia.\n\nA return permit can be varied or revoked.\n\nIt is an offence to fail to comply with any conditions imposed on a return permit, or to give false or misleading information or documents in purported compliance with such conditions.\n\nThe Minister must, each year, present a report to each House of the Parliament on the operation of this Act.\n\n#### 4 Definitions\n\n In this Act:\n\n> Australian travel document has the meaning given by the Australian Passports Act 2005.\n\n> listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code.\n\n> return permit means a permit issued under subsection 15(1) or (2).\n\n> reviewing authority means a person appointed under section 23.\n\n> state sponsor of terrorism has the same meaning as in the Criminal Code.\n\n> temporary exclusion order means an order made under subsection 10(1).\n\n> terrorist act has the same meaning as in the Crimes Act 1914.\n\n#### 5 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Act extends to things outside Australia\n\n This Act extends to acts, omissions, matters and things outside Australia.\n\n#### 7 Act binds the Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n## Part 2—Temporary exclusion orders and return permits\n\n### Division 1—Temporary exclusion orders\n\n#### 8 Prohibition on entering Australia if a temporary exclusion order is in force\n\n A person commits an offence if:\n (a) a temporary exclusion order is in force in relation to the person; and\n (b) the person enters Australia.\n\nPenalty: Imprisonment for 2 years.\n\n#### 9 Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person knows that a temporary exclusion order is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 10 Making a temporary exclusion order\n\n (1) Subject to subsections (2) and (3), the Minister may make an order (a temporary exclusion order) under this subsection in relation to a person if:\n (a) the person is located outside Australia; and\n (b) the person is an Australian citizen; and\n (c) the person is at least 14 years of age; and\n (d) a return permit is not in force in relation to the person.\n (2) The Minister must not make a temporary exclusion order in relation to a person unless either:\n (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following:\n (i) preventing a terrorist act;\n (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (iii) preventing the provision of support for, or the facilitation of, a terrorist act;\n (iv) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or\n (b) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of the Australian Security Intelligence Organisation Act 1979) for reasons related to politically motivated violence (within the meaning of that Act).\n (3) If the person is 14 to 17 years of age, the Minister must, before making a temporary exclusion order in relation to the person, have regard to:\n (a) the protection of the community as the paramount consideration; and\n (b) the best interests of the person as a primary consideration.\n (4) In determining what is in the best interests of a person for the purposes of paragraph (3)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (5) The Minister must take into account the matters in subsection (4):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (6) If the Minister makes a temporary exclusion order, the order must:\n (a) be in writing; and\n (b) specify the name of the person to whom the order relates; and\n (c) state that the criteria in subsection (2) for the making of the order have been met; and\n (d) specify the period during which the order is to be in force, which must not end more than 2 years after the day on which the order is made; and\n (e) if the person to whom the order relates has an Australian travel document—specify whether the person must surrender the document to a specified person or body; and\n (f) specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and\n (g) specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and\n (h) set out the effect of the following sections:\n (i) section 8 (offence to enter Australia if temporary exclusion order is in force);\n (ii) sections 11 and 12 (about revoking a temporary exclusion order);\n (iii) sections 15 and 18 (about return permits); and\n (i) state that the person may have review rights in relation to the decision to make the order.\n (7) Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person.\n (8) As soon as practicable after a temporary exclusion order comes into force, the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the content of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the content of the order.\n (9) A temporary exclusion order is not a legislative instrument.\n\n#### 11 Revoking a temporary exclusion order\n\n (1) The Minister may revoke a temporary exclusion order.\n (2) A temporary exclusion order may be revoked under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the order relates.\n\n> Note: See section 12 for how an application to revoke a temporary exclusion order can be made.\n\n (3) As soon as practicable after revoking a temporary exclusion order under subsection (1), the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the order.\n (4) A revocation of a temporary exclusion order under subsection (1) takes effect when the Minister revokes the order.\n (5) A temporary exclusion order in relation to a person is taken to be revoked if a return permit is issued to the person. The revocation takes effect immediately after the return permit is issued.\n (6) This section does not prevent the making of another temporary exclusion order in relation to the same person.\n\n#### 12 Application to revoke a temporary exclusion order\n\n (1) An application for revocation of a temporary exclusion order may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) The application must include:\n (a) the following information about the person to whom the temporary exclusion order relates:\n (i) the person’s full name;\n (ii) the person’s date and place of birth;\n (iii) the person’s contact details; and\n (b) a statement specifying the reasons why the person seeks to have the temporary exclusion order revoked.\n (4) However, if the person making the application does not have information required by subsection (3), the person must explain why in the application.\n (5) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 13 Period for which a temporary exclusion order is in force\n\n (1) A temporary exclusion order in relation to a person comes into force:\n (a) if subsection (2) does not apply—immediately after a reviewing authority makes a decision under section 14 that none of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order; or\n (b) if subsection (2) applies—immediately after the Minister makes the temporary exclusion order in relation to the person.\n\n> Note: If subsection (2) does not apply and a reviewing authority makes a decision under section 14 that one or more of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order in relation to the person, the temporary exclusion order is taken never to have been made and so never comes into force.\n\n (2) This subsection applies if the Minister is satisfied that, because of urgent circumstances, it is necessary that a temporary exclusion order in relation to a person comes into force immediately after it is made.\n (3) A temporary exclusion order in relation to a person remains in force until the earlier of the following occurs:\n (a) the period specified for the purposes of paragraph 10(6)(d) ends;\n (b) the order is revoked under section 11.\n\n#### 14 Reviewing authority must review the making of a temporary exclusion order\n\n Referral of TEO decision\n (1) Immediately after making a temporary exclusion order in relation to a person, the Minister must refer the decision (the TEO decision) to make the order to a reviewing authority.\n (2) The referral must include:\n (a) a written statement of reasons for the TEO decision; and\n (b) all of the material relating to the TEO decision that was before the Minister at the time the TEO decision was made.\n (3) Paragraph (2)(b) does not apply to material that, in the Minister’s opinion, would be contrary to the public interest to disclose.\n Review of TEO decision\n (4) The reviewing authority must, as soon as is reasonably practicable:\n (a) review the TEO decision; and\n (b) decide whether, in the opinion of the reviewing authority, one or more of the following subparagraphs apply to the TEO decision:\n (i) the making of the decision was an improper exercise of the power to make the decision;\n (ii) the decision was induced or affected by fraud;\n (iii) if the temporary exclusion order was made on the basis of paragraph 10(2)(a)—there was no material before the Minister from which the Minister could form the state of mind required by that paragraph.\n (5) For the purposes of subparagraph (4)(b)(i), the making of the decision is an improper exercise of the power to make the decision if:\n (a) the Minister took an irrelevant consideration into account; or\n (b) the Minister failed to take a relevant consideration into account; or\n (c) the decision was made for a purpose other than a purpose for which the power to make the decision was conferred; or\n (d) the decision was made in bad faith; or\n (e) the decision was made at the direction or behest of another person; or\n (f) the decision was made in accordance with a rule or policy without regard to the merits of the particular case; or\n (g) the decision was so unreasonable that no reasonable person could have made it; or\n (h) the decision was made in such a way that the result of the decision is uncertain; or\n (i) the decision was otherwise an abuse of the power to make the decision.\n (6) The reviewing authority must conduct a review of a TEO decision:\n (a) in the absence of the person (the affected person) to whom the temporary exclusion order relates; and\n (b) without the affected person having been notified of the review; and\n (c) without the affected person having been given an opportunity to make any representations to the reviewing authority.\n Effect of reviewing authority decision\n (7) If, in the opinion of the reviewing authority, one or more of subparagraphs (4)(b)(i) to (iii) apply to the TEO decision:\n (a) the TEO decision is taken never to have been made; and\n (b) if the person to whom the TEO decision relates has been notified of the making of the order—the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (i) to bring to the attention of the person the reviewing authority’s decision; and\n (ii) if the person is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the reviewing authority’s decision.\n\n> Note: If:\n\n (a) the reviewing authority decides that none of subparagraphs (4)(b)(i) to (iii) apply to the decision to make a temporary exclusion order; and\n (b) the order has not already come into force under paragraph 13(1)(b);\n\n> Note: the temporary exclusion order comes into force immediately after the reviewing authority’s decision is made (see paragraph 13(1)(a)).\n\n (8) If:\n (a) a return permit has been issued to a person in relation to whom a temporary exclusion order applies; and\n (b) the order is taken never to have been made because of the operation of paragraph (7)(a);\n the return permit is taken never to have been issued.\n TEO decision material must be returned to the Minister\n (9) As soon as reasonably practicable after completing a review of a TEO decision, the reviewing authority must return the material referred to in paragraph (2)(b) to the Minister.\n Further temporary exclusion orders may be made\n (10) Nothing in this section prevents the making of another temporary exclusion order in relation to the same person.\n\n### Division 2—Return permits\n\n#### 15 Issuing a return permit\n\n When a return permit must be issued\n (1) If a temporary exclusion order is in force in relation to a person, the Minister must issue a permit (a return permit) under this subsection to the person:\n (a) on application by, or on behalf of, the person; or\n (b) if the person is to be, or is being, deported or extradited to Australia.\n\n> Note: See section 18 for how an application for a return permit can be made.\n\n When a return permit may be issued\n (2) If a temporary exclusion order is in force in relation to a person, the Minister may issue a permit (a return permit) under this subsection to the person if the Minister considers it is appropriate to do so.\n Time for issuing a return permit\n (3) The return permit must be issued:\n (a) if the person applied for the permit under paragraph (1)(a)—within a reasonable period after the Minister received the application; or\n (b) if the person is to be, or is being, deported or extradited to Australia—within a reasonable period after the Minister becomes aware of that fact; or\n (c) if the Minister decides, under subsection (2), to issue a return permit to the person—within a reasonable period after the Minister makes the decision.\n Form and contents of permit\n (4) A return permit must:\n (a) be in writing; and\n (b) specify the name of the person to whom the permit relates; and\n (c) specify the day the permit comes into force and the period it remains in force, which must not end more than 12 months after the person enters Australia; and\n (d) specify the conditions (if any) imposed on the permit; and\n (e) if one or more conditions are imposed on the permit—specify, for each condition, the period during which the condition is in force, which must not end after the permit ceases to be in force; and\n (f) set out the effect of the following sections:\n (i) sections 17 and 18 (about varying and revoking a return permit);\n (ii) section 20 (offence for failing to comply with conditions of permit);\n (iii) section 22 (offence for providing false or misleading information or documents); and\n (g) state that the person may have review rights in relation to the decision to issue the permit.\n Return permit to be served personally\n (5) The Minister must cause a copy of the return permit to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.\n\n#### 16 Conditions on a return permit\n\n (1) The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.\n (2) A condition may be imposed at the time the return permit is issued, or at a later time.\n Requirements relating to imposing conditions\n (3) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must be satisfied that the imposition of the condition and (if more than one condition is imposed) the conditions taken together are reasonably necessary, and reasonably appropriate and adapted, for the purpose of one or more of the following:\n (a) preventing a terrorist act;\n (b) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (c) preventing the provision of support for, or the facilitation of, a terrorist act;\n (d) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.\n (4) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must have regard to the impact of imposing the condition (including the impact of all of the conditions that will be imposed on the permit taken together if the condition were imposed) on the person’s personal circumstances, particularly the impact on any dependants of the person who are aged under 18 years.\n (5) If the person to whom the return permit relates is 14 to 17 years of age, the Minister must have regard to the following matters before the Minister imposes a condition mentioned in subsection (9) or (10) on the permit:\n (a) the protection of the community as the paramount consideration;\n (b) the best interests of the person as a primary consideration.\n (6) In determining what is in the best interests of a person for the purposes of paragraph (5)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (7) The Minister must take into account the matters in subsection (6):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (8) Before imposing a condition mentioned in subsection (9) on a return permit that would prevent a person from entering Australia for a period of time, the Minister must consider the following matters (to the extent known to the Minister):\n (a) whether the person has a lawful right to remain, or to enter and remain, in a country other than Australia during that period;\n (b) if the person has no lawful right to remain, or to enter and remain, in a country other than Australia during that period—the likelihood of the person being detained, mistreated or harmed if the person cannot enter Australia until the end of that period.\n Pre‑entry conditions\n (9) The conditions in this subsection are as follows:\n (a) that the person must not enter Australia during a specified period, which must end no later than the earlier of:\n (i) the end of the period reasonably necessary to assess the risk posed by the entry of the person to Australia and to make appropriate arrangements for that entry; and\n (ii) 12 months after the permit is issued to the person;\n (b) that the person must enter Australia within a specified period, which must not end more than 3 months after the permit is issued to the person;\n (c) that the person must enter Australia on a specified date, which must not be later than 3 months after the permit is issued to the person;\n (d) that the person enter Australia in a specified manner.\n Post‑entry conditions\n (10) The conditions in this subsection are as follows:\n (a) that the person notify a specified person or body of the person’s principal place of residence in Australia;\n (b) that the person notify a specified person or body of any change to the person’s principal place of residence in Australia within 24 hours of the change occurring;\n (c) that the person notify a specified person or body of the person’s place of employment in Australia;\n (d) that the person notify a specified person or body of any change to the person’s place of employment in Australia within 24 hours of the change occurring;\n (e) that the person notify a specified person or body of the person’s place of education in Australia;\n (f) that the person notify a specified person or body of any change to the person’s place of education in Australia within 24 hours of the change occurring;\n (g) that the person notify a specified person or body of any contact with specified individuals (whether within or outside Australia) within 24 hours of the contact occurring;\n (h) that the person notify a specified person or body, within a specified period, if the person intends to enter, or enters, a State or Territory that is not the State or Territory in which the person’s principal place of residence is located;\n (i) that the person notify a specified person or body, within a specified period, if the person intends to leave, or leaves, Australia;\n (j) that, if the person accesses or uses, or intends to access or use, specified forms of telecommunication or other technology in Australia, the person do either or both of the following within a specified period of the access or use, or intended access or use, occurring:\n (i) notify a specified person or body of the use or access, or intended use or access;\n (ii) provide a specified person or body with sufficient information to enable the specific telecommunications service, account or device to be identified;\n (k) that the person notify a specified person or body, within a specified period, if the person intends to apply for an Australian travel document;\n (l) if the person has an Australian travel document—that the person must surrender the document to a specified person or body;\n (m) that the person is not permitted to apply for an Australian travel document;\n (n) that the person is not permitted to obtain an Australian travel document.\n (11) If a condition is imposed that requires the person to notify a specified person or body of a particular matter, the return permit may specify either or both of the following:\n (a) the manner in which the person or body is to be notified;\n (b) any documents or information that must be provided to the person or body to substantiate the relevant matter.\n\n#### 17 Varying and revoking a return permit\n\n (1) The Minister may:\n (a) vary a return permit to do one or more of the following:\n (i) vary the period during which the permit is in force, which must not end more than 12 months after the person enters Australia;\n (ii) remove a condition imposed on the permit;\n (iii) impose a new condition under section 16 on the permit; or\n (b) revoke a return permit.\n (2) The Minister may vary or revoke a return permit under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the return permit relates.\n\n> Note: See section 18 for how an application to vary or revoke a return permit can be made.\n\n (3) A variation or revocation of a return permit takes effect when the Minister varies or revokes the permit.\n (4) If the Minister varies a return permit to vary the period during which the permit is in force or to impose a new condition on the permit, the Minister must cause a copy of the return permit as varied to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (5) The Minister must comply with paragraph (4)(b) only if it is reasonably practicable to do so.\n (6) If the Minister revokes a return permit, or a condition on a return permit, the Minister must, as soon as practicable after revoking the permit or the condition, cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the permit or condition; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the permit or condition.\n\n#### 18 Applications in relation to a return permit\n\n (1) An application for a return permit, or for a variation or revocation of a return permit, may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) If the person to whom the application relates is located outside Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s contact details;\n (d) if the application is for the issue of a return permit—the following information in relation to each child (if any) of the person:\n (i) whether the child is deceased or alive;\n (ii) the full name of the child;\n (iii) the date and place of birth of the child;\n (iv) if the child is alive—the location of the child.\n (4) If the person to whom the application relates is in Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s current residential address in Australia;\n (d) the person’s contact details.\n (5) However, if the person making the application does not have information required by subsection (3) or (4), the person must explain why in the application.\n (6) If the application is for a variation of a return permit, the application must be accompanied by a statement that specifies:\n (a) the variation requested to be made; and\n (b) the reasons why the person to whom the application relates seeks to have the permit varied in the manner requested.\n (7) If the application is for a revocation of a return permit, the application must be accompanied by a statement that specifies the reasons why the person to whom the application relates seeks to have the permit revoked.\n (8) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 19 Period for which a return permit is in force\n\n A return permit:\n (a) comes into force on the day specified for the purposes of paragraph 15(4)(c); and\n (b) remains in force until the earliest of the following occurs:\n (i) the period specified for the purposes of paragraph 15(4)(c) ends;\n (ii) if the period is varied under subparagraph 17(1)(a)(i)—the end of that period as varied;\n (iii) the permit is revoked under paragraph 17(1)(b).\n\n#### 20 Consequences for failing to comply with return permit conditions\n\n (1) A person commits an offence if:\n (a) a return permit is in force in relation to the person; and\n (b) a condition mentioned in subsection 16(9) or (10) is imposed on the return permit; and\n (c) the person fails to comply with the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.\n\n#### 21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person does so knowing that the second person is entering Australia in contravention of a condition imposed on a return permit that is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 22 Consequences for providing false or misleading information or documents\n\n (1) A person commits an offence if:\n (a) the person gives information or produces a document to a person or body; and\n (b) the person does so in response to a condition imposed on a return permit given to the person; and\n (c) the person does so knowing that the information or document is false or misleading.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n## Part 3—Other matters\n\n#### 23 Reviewing authority\n\n Appointment\n (1) The Attorney‑General may, in writing, appoint as a reviewing authority:\n (a) a former Justice of the High Court; or\n (b) a former judge or justice of a court created by the Parliament; or\n (c) a former judge of the Supreme Court of a State or Territory; or\n (d) a person who:\n (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and\n (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and\n (iii) has been enrolled for at least 5 years.\n (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).\n (3) A person’s appointment under subsection (1) ceases to have effect if:\n (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or\n (b) the Attorney‑General, in writing, revokes the appointment.\n (4) The Attorney‑General must not appoint a person as a reviewing authority unless:\n (a) the person has, by writing, consented to being appointed; and\n (b) the consent is in force.\n Powers conferred personally\n (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:\n (a) in a personal capacity; and\n (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.\n Powers need not be accepted\n (6) The reviewing authority need not accept the power conferred.\n Protection and immunity\n (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.\n\n#### 24 Protection of information provided to a reviewing authority\n\n (1) A person commits an offence if:\n (a) the person is, or has been, a reviewing authority; and\n (b) the person obtains information under subsection 14(2); and\n (c) the person discloses the information.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the disclosure of the information is for the purposes of giving effect to this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) For the purposes of subsection (2) (and without limiting that subsection), if the disclosure of the information is in civil proceedings for judicial review of a decision made under this Act, then the disclosure is for the purposes of giving effect to this Act.\n\n#### 25 Delegation\n\n (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n\n> Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n> Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) Subsection (1) does not apply to the Minister’s functions or powers under the following provisions:\n (a) subsection 10(1) (making a temporary exclusion order);\n (b) subsection 11(1) (revoking a temporary exclusion order);\n (c) subsection 15(1) (mandatory issue of a return permit);\n (d) subsection 15(2) (discretion to issue a return permit);\n (e) subsection 16(1) (imposing conditions on a return permit);\n (f) subsection 17(1) (varying or revoking a return permit).\n (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.\n\n#### 26 Exclusion of procedural fairness\n\n The Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act.\n\n#### 27 The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act\n\n The Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions made under this Act.\n\n#### 28 Interaction with the Australian Security Intelligence Organisation Act 1979\n\n (1) Neither a temporary exclusion order nor a return permit constitutes prescribed administrative action for the purposes of the Australian Security Intelligence Organisation Act 1979.\n (2) This section is enacted for the avoidance of doubt.\n\n#### 29 Interaction with the Australian Passports Act 2005\n\n (1) If a temporary exclusion order specifies one or more of the following:\n (a) that the person must surrender an Australian travel document to a specified person or body;\n (b) that the person is not permitted to apply for an Australian travel document;\n (c) that the person is not permitted to obtain an Australian travel document;\n the person is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally.\n (2) If a condition mentioned in paragraph 16(10)(l), (m) or (n) is imposed on a return permit, the person in relation to whom the permit applies is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally while the condition is in force.\n (3) This section is enacted for the avoidance of doubt.\n\n#### 30 Severability\n\n If section 14 is not a valid law of the Commonwealth:\n (a) it is Parliament’s intention that this Act operate as if that section had never been enacted; and\n (b) this Act applies as if subsections 13(1) and (2) were omitted and replaced with the following:\n “(1) A temporary exclusion order in relation to a person comes into force immediately after the Minister makes the temporary exclusion order in relation to the person.”\n\n#### 31 Annual report on operation of Act\n\n (1) The Minister must, as soon as practicable after the end of each financial year, cause to be prepared a report about the operation of this Act, during that year.\n (2) The report must include information about the following matters in relation to the financial year:\n (a) the number of temporary exclusion orders made;\n (b) the number of temporary exclusion orders revoked;\n (c) the number of temporary exclusion orders taken never to have been made because of the operation of paragraph 14(7)(a);\n (d) the number of times a temporary exclusion order came into force immediately after it was made;\n (e) the number of temporary exclusion orders made in relation to persons aged 14 to 17 years;\n (f) the number of return permits issued;\n (g) for each condition mentioned in subsections 16(9) and (10)—the number of return permits on which the condition was imposed;\n (h) the number of return permits varied or revoked;\n (i) the number of persons subject to a return permit who entered Australia;\n (j) the number of persons (if any) charged with an offence against this Act.\n (3) Despite subsection (2), if the Minister is satisfied that disclosure of information mentioned in that subsection is likely to prejudice national security:\n (a) the information must not be included in the report; and\n (b) the information must instead be provided to the Parliamentary Joint Committee on Intelligence and Security.\n (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.","sortOrder":8},{"sectionNumber":"Division 1","sectionType":"division","heading":"Temporary exclusion orders","content":"An Act to protect the community from terrorism by providing for temporary exclusion orders, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Counter‑Terrorism (Temporary Exclusion Orders) Act 2019.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

30 July 2019

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\nThe Minister may make an order (called a temporary exclusion order) that prevents a person from entering Australia for a specified period, which may be up to 2 years. An order cannot be made unless certain criteria are met, and it can be revoked.\n\nThe Minister must refer the decision to make a temporary exclusion order to a reviewing authority for review. If the reviewing authority is of the opinion that the decision involved specified errors of law, the decision is taken never to have been made.\n\nIf the person is being deported or extradited to Australia or makes an application, the Minister must issue a permit (called a return permit) that allows the person to enter Australia. The Minister may also issue a permit if the Minister considers that it is appropriate to do so.\n\nThe permit may contain conditions, such as specifying the period within which and the way in which the person must enter Australia, and requiring the person to give notice of specified things, such as the person’s principal place of residence or place of employment while in Australia. Conditions cannot be imposed unless the Minister has regard to certain matters and is satisfied of specified matters.\n\nA return permit can remain in force for a maximum period of 12 months after the person to whom it applies enters Australia.\n\nA return permit can be varied or revoked.\n\nIt is an offence to fail to comply with any conditions imposed on a return permit, or to give false or misleading information or documents in purported compliance with such conditions.\n\nThe Minister must, each year, present a report to each House of the Parliament on the operation of this Act.\n\n#### 4 Definitions\n\n In this Act:\n\n> Australian travel document has the meaning given by the Australian Passports Act 2005.\n\n> listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code.\n\n> return permit means a permit issued under subsection 15(1) or (2).\n\n> reviewing authority means a person appointed under section 23.\n\n> state sponsor of terrorism has the same meaning as in the Criminal Code.\n\n> temporary exclusion order means an order made under subsection 10(1).\n\n> terrorist act has the same meaning as in the Crimes Act 1914.\n\n#### 5 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Act extends to things outside Australia\n\n This Act extends to acts, omissions, matters and things outside Australia.\n\n#### 7 Act binds the Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n## Part 2—Temporary exclusion orders and return permits\n\n### Division 1—Temporary exclusion orders\n\n#### 8 Prohibition on entering Australia if a temporary exclusion order is in force\n\n A person commits an offence if:\n (a) a temporary exclusion order is in force in relation to the person; and\n (b) the person enters Australia.\n\nPenalty: Imprisonment for 2 years.\n\n#### 9 Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person knows that a temporary exclusion order is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 10 Making a temporary exclusion order\n\n (1) Subject to subsections (2) and (3), the Minister may make an order (a temporary exclusion order) under this subsection in relation to a person if:\n (a) the person is located outside Australia; and\n (b) the person is an Australian citizen; and\n (c) the person is at least 14 years of age; and\n (d) a return permit is not in force in relation to the person.\n (2) The Minister must not make a temporary exclusion order in relation to a person unless either:\n (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following:\n (i) preventing a terrorist act;\n (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (iii) preventing the provision of support for, or the facilitation of, a terrorist act;\n (iv) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or\n (b) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of the Australian Security Intelligence Organisation Act 1979) for reasons related to politically motivated violence (within the meaning of that Act).\n (3) If the person is 14 to 17 years of age, the Minister must, before making a temporary exclusion order in relation to the person, have regard to:\n (a) the protection of the community as the paramount consideration; and\n (b) the best interests of the person as a primary consideration.\n (4) In determining what is in the best interests of a person for the purposes of paragraph (3)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (5) The Minister must take into account the matters in subsection (4):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (6) If the Minister makes a temporary exclusion order, the order must:\n (a) be in writing; and\n (b) specify the name of the person to whom the order relates; and\n (c) state that the criteria in subsection (2) for the making of the order have been met; and\n (d) specify the period during which the order is to be in force, which must not end more than 2 years after the day on which the order is made; and\n (e) if the person to whom the order relates has an Australian travel document—specify whether the person must surrender the document to a specified person or body; and\n (f) specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and\n (g) specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and\n (h) set out the effect of the following sections:\n (i) section 8 (offence to enter Australia if temporary exclusion order is in force);\n (ii) sections 11 and 12 (about revoking a temporary exclusion order);\n (iii) sections 15 and 18 (about return permits); and\n (i) state that the person may have review rights in relation to the decision to make the order.\n (7) Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person.\n (8) As soon as practicable after a temporary exclusion order comes into force, the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the content of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the content of the order.\n (9) A temporary exclusion order is not a legislative instrument.\n\n#### 11 Revoking a temporary exclusion order\n\n (1) The Minister may revoke a temporary exclusion order.\n (2) A temporary exclusion order may be revoked under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the order relates.\n\n> Note: See section 12 for how an application to revoke a temporary exclusion order can be made.\n\n (3) As soon as practicable after revoking a temporary exclusion order under subsection (1), the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the order.\n (4) A revocation of a temporary exclusion order under subsection (1) takes effect when the Minister revokes the order.\n (5) A temporary exclusion order in relation to a person is taken to be revoked if a return permit is issued to the person. The revocation takes effect immediately after the return permit is issued.\n (6) This section does not prevent the making of another temporary exclusion order in relation to the same person.\n\n#### 12 Application to revoke a temporary exclusion order\n\n (1) An application for revocation of a temporary exclusion order may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) The application must include:\n (a) the following information about the person to whom the temporary exclusion order relates:\n (i) the person’s full name;\n (ii) the person’s date and place of birth;\n (iii) the person’s contact details; and\n (b) a statement specifying the reasons why the person seeks to have the temporary exclusion order revoked.\n (4) However, if the person making the application does not have information required by subsection (3), the person must explain why in the application.\n (5) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 13 Period for which a temporary exclusion order is in force\n\n (1) A temporary exclusion order in relation to a person comes into force:\n (a) if subsection (2) does not apply—immediately after a reviewing authority makes a decision under section 14 that none of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order; or\n (b) if subsection (2) applies—immediately after the Minister makes the temporary exclusion order in relation to the person.\n\n> Note: If subsection (2) does not apply and a reviewing authority makes a decision under section 14 that one or more of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order in relation to the person, the temporary exclusion order is taken never to have been made and so never comes into force.\n\n (2) This subsection applies if the Minister is satisfied that, because of urgent circumstances, it is necessary that a temporary exclusion order in relation to a person comes into force immediately after it is made.\n (3) A temporary exclusion order in relation to a person remains in force until the earlier of the following occurs:\n (a) the period specified for the purposes of paragraph 10(6)(d) ends;\n (b) the order is revoked under section 11.\n\n#### 14 Reviewing authority must review the making of a temporary exclusion order\n\n Referral of TEO decision\n (1) Immediately after making a temporary exclusion order in relation to a person, the Minister must refer the decision (the TEO decision) to make the order to a reviewing authority.\n (2) The referral must include:\n (a) a written statement of reasons for the TEO decision; and\n (b) all of the material relating to the TEO decision that was before the Minister at the time the TEO decision was made.\n (3) Paragraph (2)(b) does not apply to material that, in the Minister’s opinion, would be contrary to the public interest to disclose.\n Review of TEO decision\n (4) The reviewing authority must, as soon as is reasonably practicable:\n (a) review the TEO decision; and\n (b) decide whether, in the opinion of the reviewing authority, one or more of the following subparagraphs apply to the TEO decision:\n (i) the making of the decision was an improper exercise of the power to make the decision;\n (ii) the decision was induced or affected by fraud;\n (iii) if the temporary exclusion order was made on the basis of paragraph 10(2)(a)—there was no material before the Minister from which the Minister could form the state of mind required by that paragraph.\n (5) For the purposes of subparagraph (4)(b)(i), the making of the decision is an improper exercise of the power to make the decision if:\n (a) the Minister took an irrelevant consideration into account; or\n (b) the Minister failed to take a relevant consideration into account; or\n (c) the decision was made for a purpose other than a purpose for which the power to make the decision was conferred; or\n (d) the decision was made in bad faith; or\n (e) the decision was made at the direction or behest of another person; or\n (f) the decision was made in accordance with a rule or policy without regard to the merits of the particular case; or\n (g) the decision was so unreasonable that no reasonable person could have made it; or\n (h) the decision was made in such a way that the result of the decision is uncertain; or\n (i) the decision was otherwise an abuse of the power to make the decision.\n (6) The reviewing authority must conduct a review of a TEO decision:\n (a) in the absence of the person (the affected person) to whom the temporary exclusion order relates; and\n (b) without the affected person having been notified of the review; and\n (c) without the affected person having been given an opportunity to make any representations to the reviewing authority.\n Effect of reviewing authority decision\n (7) If, in the opinion of the reviewing authority, one or more of subparagraphs (4)(b)(i) to (iii) apply to the TEO decision:\n (a) the TEO decision is taken never to have been made; and\n (b) if the person to whom the TEO decision relates has been notified of the making of the order—the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (i) to bring to the attention of the person the reviewing authority’s decision; and\n (ii) if the person is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the reviewing authority’s decision.\n\n> Note: If:\n\n (a) the reviewing authority decides that none of subparagraphs (4)(b)(i) to (iii) apply to the decision to make a temporary exclusion order; and\n (b) the order has not already come into force under paragraph 13(1)(b);\n\n> Note: the temporary exclusion order comes into force immediately after the reviewing authority’s decision is made (see paragraph 13(1)(a)).\n\n (8) If:\n (a) a return permit has been issued to a person in relation to whom a temporary exclusion order applies; and\n (b) the order is taken never to have been made because of the operation of paragraph (7)(a);\n the return permit is taken never to have been issued.\n TEO decision material must be returned to the Minister\n (9) As soon as reasonably practicable after completing a review of a TEO decision, the reviewing authority must return the material referred to in paragraph (2)(b) to the Minister.\n Further temporary exclusion orders may be made\n (10) Nothing in this section prevents the making of another temporary exclusion order in relation to the same person.\n\n### Division 2—Return permits\n\n#### 15 Issuing a return permit\n\n When a return permit must be issued\n (1) If a temporary exclusion order is in force in relation to a person, the Minister must issue a permit (a return permit) under this subsection to the person:\n (a) on application by, or on behalf of, the person; or\n (b) if the person is to be, or is being, deported or extradited to Australia.\n\n> Note: See section 18 for how an application for a return permit can be made.\n\n When a return permit may be issued\n (2) If a temporary exclusion order is in force in relation to a person, the Minister may issue a permit (a return permit) under this subsection to the person if the Minister considers it is appropriate to do so.\n Time for issuing a return permit\n (3) The return permit must be issued:\n (a) if the person applied for the permit under paragraph (1)(a)—within a reasonable period after the Minister received the application; or\n (b) if the person is to be, or is being, deported or extradited to Australia—within a reasonable period after the Minister becomes aware of that fact; or\n (c) if the Minister decides, under subsection (2), to issue a return permit to the person—within a reasonable period after the Minister makes the decision.\n Form and contents of permit\n (4) A return permit must:\n (a) be in writing; and\n (b) specify the name of the person to whom the permit relates; and\n (c) specify the day the permit comes into force and the period it remains in force, which must not end more than 12 months after the person enters Australia; and\n (d) specify the conditions (if any) imposed on the permit; and\n (e) if one or more conditions are imposed on the permit—specify, for each condition, the period during which the condition is in force, which must not end after the permit ceases to be in force; and\n (f) set out the effect of the following sections:\n (i) sections 17 and 18 (about varying and revoking a return permit);\n (ii) section 20 (offence for failing to comply with conditions of permit);\n (iii) section 22 (offence for providing false or misleading information or documents); and\n (g) state that the person may have review rights in relation to the decision to issue the permit.\n Return permit to be served personally\n (5) The Minister must cause a copy of the return permit to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.\n\n#### 16 Conditions on a return permit\n\n (1) The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.\n (2) A condition may be imposed at the time the return permit is issued, or at a later time.\n Requirements relating to imposing conditions\n (3) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must be satisfied that the imposition of the condition and (if more than one condition is imposed) the conditions taken together are reasonably necessary, and reasonably appropriate and adapted, for the purpose of one or more of the following:\n (a) preventing a terrorist act;\n (b) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (c) preventing the provision of support for, or the facilitation of, a terrorist act;\n (d) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.\n (4) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must have regard to the impact of imposing the condition (including the impact of all of the conditions that will be imposed on the permit taken together if the condition were imposed) on the person’s personal circumstances, particularly the impact on any dependants of the person who are aged under 18 years.\n (5) If the person to whom the return permit relates is 14 to 17 years of age, the Minister must have regard to the following matters before the Minister imposes a condition mentioned in subsection (9) or (10) on the permit:\n (a) the protection of the community as the paramount consideration;\n (b) the best interests of the person as a primary consideration.\n (6) In determining what is in the best interests of a person for the purposes of paragraph (5)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (7) The Minister must take into account the matters in subsection (6):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (8) Before imposing a condition mentioned in subsection (9) on a return permit that would prevent a person from entering Australia for a period of time, the Minister must consider the following matters (to the extent known to the Minister):\n (a) whether the person has a lawful right to remain, or to enter and remain, in a country other than Australia during that period;\n (b) if the person has no lawful right to remain, or to enter and remain, in a country other than Australia during that period—the likelihood of the person being detained, mistreated or harmed if the person cannot enter Australia until the end of that period.\n Pre‑entry conditions\n (9) The conditions in this subsection are as follows:\n (a) that the person must not enter Australia during a specified period, which must end no later than the earlier of:\n (i) the end of the period reasonably necessary to assess the risk posed by the entry of the person to Australia and to make appropriate arrangements for that entry; and\n (ii) 12 months after the permit is issued to the person;\n (b) that the person must enter Australia within a specified period, which must not end more than 3 months after the permit is issued to the person;\n (c) that the person must enter Australia on a specified date, which must not be later than 3 months after the permit is issued to the person;\n (d) that the person enter Australia in a specified manner.\n Post‑entry conditions\n (10) The conditions in this subsection are as follows:\n (a) that the person notify a specified person or body of the person’s principal place of residence in Australia;\n (b) that the person notify a specified person or body of any change to the person’s principal place of residence in Australia within 24 hours of the change occurring;\n (c) that the person notify a specified person or body of the person’s place of employment in Australia;\n (d) that the person notify a specified person or body of any change to the person’s place of employment in Australia within 24 hours of the change occurring;\n (e) that the person notify a specified person or body of the person’s place of education in Australia;\n (f) that the person notify a specified person or body of any change to the person’s place of education in Australia within 24 hours of the change occurring;\n (g) that the person notify a specified person or body of any contact with specified individuals (whether within or outside Australia) within 24 hours of the contact occurring;\n (h) that the person notify a specified person or body, within a specified period, if the person intends to enter, or enters, a State or Territory that is not the State or Territory in which the person’s principal place of residence is located;\n (i) that the person notify a specified person or body, within a specified period, if the person intends to leave, or leaves, Australia;\n (j) that, if the person accesses or uses, or intends to access or use, specified forms of telecommunication or other technology in Australia, the person do either or both of the following within a specified period of the access or use, or intended access or use, occurring:\n (i) notify a specified person or body of the use or access, or intended use or access;\n (ii) provide a specified person or body with sufficient information to enable the specific telecommunications service, account or device to be identified;\n (k) that the person notify a specified person or body, within a specified period, if the person intends to apply for an Australian travel document;\n (l) if the person has an Australian travel document—that the person must surrender the document to a specified person or body;\n (m) that the person is not permitted to apply for an Australian travel document;\n (n) that the person is not permitted to obtain an Australian travel document.\n (11) If a condition is imposed that requires the person to notify a specified person or body of a particular matter, the return permit may specify either or both of the following:\n (a) the manner in which the person or body is to be notified;\n (b) any documents or information that must be provided to the person or body to substantiate the relevant matter.\n\n#### 17 Varying and revoking a return permit\n\n (1) The Minister may:\n (a) vary a return permit to do one or more of the following:\n (i) vary the period during which the permit is in force, which must not end more than 12 months after the person enters Australia;\n (ii) remove a condition imposed on the permit;\n (iii) impose a new condition under section 16 on the permit; or\n (b) revoke a return permit.\n (2) The Minister may vary or revoke a return permit under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the return permit relates.\n\n> Note: See section 18 for how an application to vary or revoke a return permit can be made.\n\n (3) A variation or revocation of a return permit takes effect when the Minister varies or revokes the permit.\n (4) If the Minister varies a return permit to vary the period during which the permit is in force or to impose a new condition on the permit, the Minister must cause a copy of the return permit as varied to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (5) The Minister must comply with paragraph (4)(b) only if it is reasonably practicable to do so.\n (6) If the Minister revokes a return permit, or a condition on a return permit, the Minister must, as soon as practicable after revoking the permit or the condition, cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the permit or condition; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the permit or condition.\n\n#### 18 Applications in relation to a return permit\n\n (1) An application for a return permit, or for a variation or revocation of a return permit, may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) If the person to whom the application relates is located outside Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s contact details;\n (d) if the application is for the issue of a return permit—the following information in relation to each child (if any) of the person:\n (i) whether the child is deceased or alive;\n (ii) the full name of the child;\n (iii) the date and place of birth of the child;\n (iv) if the child is alive—the location of the child.\n (4) If the person to whom the application relates is in Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s current residential address in Australia;\n (d) the person’s contact details.\n (5) However, if the person making the application does not have information required by subsection (3) or (4), the person must explain why in the application.\n (6) If the application is for a variation of a return permit, the application must be accompanied by a statement that specifies:\n (a) the variation requested to be made; and\n (b) the reasons why the person to whom the application relates seeks to have the permit varied in the manner requested.\n (7) If the application is for a revocation of a return permit, the application must be accompanied by a statement that specifies the reasons why the person to whom the application relates seeks to have the permit revoked.\n (8) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 19 Period for which a return permit is in force\n\n A return permit:\n (a) comes into force on the day specified for the purposes of paragraph 15(4)(c); and\n (b) remains in force until the earliest of the following occurs:\n (i) the period specified for the purposes of paragraph 15(4)(c) ends;\n (ii) if the period is varied under subparagraph 17(1)(a)(i)—the end of that period as varied;\n (iii) the permit is revoked under paragraph 17(1)(b).\n\n#### 20 Consequences for failing to comply with return permit conditions\n\n (1) A person commits an offence if:\n (a) a return permit is in force in relation to the person; and\n (b) a condition mentioned in subsection 16(9) or (10) is imposed on the return permit; and\n (c) the person fails to comply with the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.\n\n#### 21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person does so knowing that the second person is entering Australia in contravention of a condition imposed on a return permit that is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 22 Consequences for providing false or misleading information or documents\n\n (1) A person commits an offence if:\n (a) the person gives information or produces a document to a person or body; and\n (b) the person does so in response to a condition imposed on a return permit given to the person; and\n (c) the person does so knowing that the information or document is false or misleading.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n## Part 3—Other matters\n\n#### 23 Reviewing authority\n\n Appointment\n (1) The Attorney‑General may, in writing, appoint as a reviewing authority:\n (a) a former Justice of the High Court; or\n (b) a former judge or justice of a court created by the Parliament; or\n (c) a former judge of the Supreme Court of a State or Territory; or\n (d) a person who:\n (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and\n (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and\n (iii) has been enrolled for at least 5 years.\n (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).\n (3) A person’s appointment under subsection (1) ceases to have effect if:\n (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or\n (b) the Attorney‑General, in writing, revokes the appointment.\n (4) The Attorney‑General must not appoint a person as a reviewing authority unless:\n (a) the person has, by writing, consented to being appointed; and\n (b) the consent is in force.\n Powers conferred personally\n (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:\n (a) in a personal capacity; and\n (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.\n Powers need not be accepted\n (6) The reviewing authority need not accept the power conferred.\n Protection and immunity\n (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.\n\n#### 24 Protection of information provided to a reviewing authority\n\n (1) A person commits an offence if:\n (a) the person is, or has been, a reviewing authority; and\n (b) the person obtains information under subsection 14(2); and\n (c) the person discloses the information.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the disclosure of the information is for the purposes of giving effect to this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) For the purposes of subsection (2) (and without limiting that subsection), if the disclosure of the information is in civil proceedings for judicial review of a decision made under this Act, then the disclosure is for the purposes of giving effect to this Act.\n\n#### 25 Delegation\n\n (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n\n> Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n> Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) Subsection (1) does not apply to the Minister’s functions or powers under the following provisions:\n (a) subsection 10(1) (making a temporary exclusion order);\n (b) subsection 11(1) (revoking a temporary exclusion order);\n (c) subsection 15(1) (mandatory issue of a return permit);\n (d) subsection 15(2) (discretion to issue a return permit);\n (e) subsection 16(1) (imposing conditions on a return permit);\n (f) subsection 17(1) (varying or revoking a return permit).\n (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.\n\n#### 26 Exclusion of procedural fairness\n\n The Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act.\n\n#### 27 The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act\n\n The Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions made under this Act.\n\n#### 28 Interaction with the Australian Security Intelligence Organisation Act 1979\n\n (1) Neither a temporary exclusion order nor a return permit constitutes prescribed administrative action for the purposes of the Australian Security Intelligence Organisation Act 1979.\n (2) This section is enacted for the avoidance of doubt.\n\n#### 29 Interaction with the Australian Passports Act 2005\n\n (1) If a temporary exclusion order specifies one or more of the following:\n (a) that the person must surrender an Australian travel document to a specified person or body;\n (b) that the person is not permitted to apply for an Australian travel document;\n (c) that the person is not permitted to obtain an Australian travel document;\n the person is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally.\n (2) If a condition mentioned in paragraph 16(10)(l), (m) or (n) is imposed on a return permit, the person in relation to whom the permit applies is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally while the condition is in force.\n (3) This section is enacted for the avoidance of doubt.\n\n#### 30 Severability\n\n If section 14 is not a valid law of the Commonwealth:\n (a) it is Parliament’s intention that this Act operate as if that section had never been enacted; and\n (b) this Act applies as if subsections 13(1) and (2) were omitted and replaced with the following:\n “(1) A temporary exclusion order in relation to a person comes into force immediately after the Minister makes the temporary exclusion order in relation to the person.”\n\n#### 31 Annual report on operation of Act\n\n (1) The Minister must, as soon as practicable after the end of each financial year, cause to be prepared a report about the operation of this Act, during that year.\n (2) The report must include information about the following matters in relation to the financial year:\n (a) the number of temporary exclusion orders made;\n (b) the number of temporary exclusion orders revoked;\n (c) the number of temporary exclusion orders taken never to have been made because of the operation of paragraph 14(7)(a);\n (d) the number of times a temporary exclusion order came into force immediately after it was made;\n (e) the number of temporary exclusion orders made in relation to persons aged 14 to 17 years;\n (f) the number of return permits issued;\n (g) for each condition mentioned in subsections 16(9) and (10)—the number of return permits on which the condition was imposed;\n (h) the number of return permits varied or revoked;\n (i) the number of persons subject to a return permit who entered Australia;\n (j) the number of persons (if any) charged with an offence against this Act.\n (3) Despite subsection (2), if the Minister is satisfied that disclosure of information mentioned in that subsection is likely to prejudice national security:\n (a) the information must not be included in the report; and\n (b) the information must instead be provided to the Parliamentary Joint Committee on Intelligence and Security.\n (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on entering Australia if a temporary exclusion order is in force","content":"#### 8 Prohibition on entering Australia if a temporary exclusion order is in force\n\n A person commits an offence if:\n (a) a temporary exclusion order is in force in relation to the person; and\n (b) the person enters Australia.\n\nPenalty: Imprisonment for 2 years.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force","content":"#### 9 Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person knows that a temporary exclusion order is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Making a temporary exclusion order","content":"#### 10 Making a temporary exclusion order\n\n (1) Subject to subsections (2) and (3), the Minister may make an order (a temporary exclusion order) under this subsection in relation to a person if:\n (a) the person is located outside Australia; and\n (b) the person is an Australian citizen; and\n (c) the person is at least 14 years of age; and\n (d) a return permit is not in force in relation to the person.\n (2) The Minister must not make a temporary exclusion order in relation to a person unless either:\n (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following:\n (i) preventing a terrorist act;\n (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (iii) preventing the provision of support for, or the facilitation of, a terrorist act;\n (iv) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or\n (b) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of the Australian Security Intelligence Organisation Act 1979) for reasons related to politically motivated violence (within the meaning of that Act).\n (3) If the person is 14 to 17 years of age, the Minister must, before making a temporary exclusion order in relation to the person, have regard to:\n (a) the protection of the community as the paramount consideration; and\n (b) the best interests of the person as a primary consideration.\n (4) In determining what is in the best interests of a person for the purposes of paragraph (3)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (5) The Minister must take into account the matters in subsection (4):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (6) If the Minister makes a temporary exclusion order, the order must:\n (a) be in writing; and\n (b) specify the name of the person to whom the order relates; and\n (c) state that the criteria in subsection (2) for the making of the order have been met; and\n (d) specify the period during which the order is to be in force, which must not end more than 2 years after the day on which the order is made; and\n (e) if the person to whom the order relates has an Australian travel document—specify whether the person must surrender the document to a specified person or body; and\n (f) specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and\n (g) specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and\n (h) set out the effect of the following sections:\n (i) section 8 (offence to enter Australia if temporary exclusion order is in force);\n (ii) sections 11 and 12 (about revoking a temporary exclusion order);\n (iii) sections 15 and 18 (about return permits); and\n (i) state that the person may have review rights in relation to the decision to make the order.\n (7) Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person.\n (8) As soon as practicable after a temporary exclusion order comes into force, the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the content of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the content of the order.\n (9) A temporary exclusion order is not a legislative instrument.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Revoking a temporary exclusion order","content":"#### 11 Revoking a temporary exclusion order\n\n (1) The Minister may revoke a temporary exclusion order.\n (2) A temporary exclusion order may be revoked under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the order relates.\n\n> Note: See section 12 for how an application to revoke a temporary exclusion order can be made.\n\n (3) As soon as practicable after revoking a temporary exclusion order under subsection (1), the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the order.\n (4) A revocation of a temporary exclusion order under subsection (1) takes effect when the Minister revokes the order.\n (5) A temporary exclusion order in relation to a person is taken to be revoked if a return permit is issued to the person. The revocation takes effect immediately after the return permit is issued.\n (6) This section does not prevent the making of another temporary exclusion order in relation to the same person.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Application to revoke a temporary exclusion order","content":"#### 12 Application to revoke a temporary exclusion order\n\n (1) An application for revocation of a temporary exclusion order may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) The application must include:\n (a) the following information about the person to whom the temporary exclusion order relates:\n (i) the person’s full name;\n (ii) the person’s date and place of birth;\n (iii) the person’s contact details; and\n (b) a statement specifying the reasons why the person seeks to have the temporary exclusion order revoked.\n (4) However, if the person making the application does not have information required by subsection (3), the person must explain why in the application.\n (5) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Period for which a temporary exclusion order is in force","content":"#### 13 Period for which a temporary exclusion order is in force\n\n (1) A temporary exclusion order in relation to a person comes into force:\n (a) if subsection (2) does not apply—immediately after a reviewing authority makes a decision under section 14 that none of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order; or\n (b) if subsection (2) applies—immediately after the Minister makes the temporary exclusion order in relation to the person.\n\n> Note: If subsection (2) does not apply and a reviewing authority makes a decision under section 14 that one or more of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order in relation to the person, the temporary exclusion order is taken never to have been made and so never comes into force.\n\n (2) This subsection applies if the Minister is satisfied that, because of urgent circumstances, it is necessary that a temporary exclusion order in relation to a person comes into force immediately after it is made.\n (3) A temporary exclusion order in relation to a person remains in force until the earlier of the following occurs:\n (a) the period specified for the purposes of paragraph 10(6)(d) ends;\n (b) the order is revoked under section 11.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Reviewing authority must review the making of a temporary exclusion order","content":"#### 14 Reviewing authority must review the making of a temporary exclusion order\n\n Referral of TEO decision\n (1) Immediately after making a temporary exclusion order in relation to a person, the Minister must refer the decision (the TEO decision) to make the order to a reviewing authority.\n (2) The referral must include:\n (a) a written statement of reasons for the TEO decision; and\n (b) all of the material relating to the TEO decision that was before the Minister at the time the TEO decision was made.\n (3) Paragraph (2)(b) does not apply to material that, in the Minister’s opinion, would be contrary to the public interest to disclose.\n Review of TEO decision\n (4) The reviewing authority must, as soon as is reasonably practicable:\n (a) review the TEO decision; and\n (b) decide whether, in the opinion of the reviewing authority, one or more of the following subparagraphs apply to the TEO decision:\n (i) the making of the decision was an improper exercise of the power to make the decision;\n (ii) the decision was induced or affected by fraud;\n (iii) if the temporary exclusion order was made on the basis of paragraph 10(2)(a)—there was no material before the Minister from which the Minister could form the state of mind required by that paragraph.\n (5) For the purposes of subparagraph (4)(b)(i), the making of the decision is an improper exercise of the power to make the decision if:\n (a) the Minister took an irrelevant consideration into account; or\n (b) the Minister failed to take a relevant consideration into account; or\n (c) the decision was made for a purpose other than a purpose for which the power to make the decision was conferred; or\n (d) the decision was made in bad faith; or\n (e) the decision was made at the direction or behest of another person; or\n (f) the decision was made in accordance with a rule or policy without regard to the merits of the particular case; or\n (g) the decision was so unreasonable that no reasonable person could have made it; or\n (h) the decision was made in such a way that the result of the decision is uncertain; or\n (i) the decision was otherwise an abuse of the power to make the decision.\n (6) The reviewing authority must conduct a review of a TEO decision:\n (a) in the absence of the person (the affected person) to whom the temporary exclusion order relates; and\n (b) without the affected person having been notified of the review; and\n (c) without the affected person having been given an opportunity to make any representations to the reviewing authority.\n Effect of reviewing authority decision\n (7) If, in the opinion of the reviewing authority, one or more of subparagraphs (4)(b)(i) to (iii) apply to the TEO decision:\n (a) the TEO decision is taken never to have been made; and\n (b) if the person to whom the TEO decision relates has been notified of the making of the order—the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (i) to bring to the attention of the person the reviewing authority’s decision; and\n (ii) if the person is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the reviewing authority’s decision.\n\n> Note: If:\n\n (a) the reviewing authority decides that none of subparagraphs (4)(b)(i) to (iii) apply to the decision to make a temporary exclusion order; and\n (b) the order has not already come into force under paragraph 13(1)(b);\n\n> Note: the temporary exclusion order comes into force immediately after the reviewing authority’s decision is made (see paragraph 13(1)(a)).\n\n (8) If:\n (a) a return permit has been issued to a person in relation to whom a temporary exclusion order applies; and\n (b) the order is taken never to have been made because of the operation of paragraph (7)(a);\n the return permit is taken never to have been issued.\n TEO decision material must be returned to the Minister\n (9) As soon as reasonably practicable after completing a review of a TEO decision, the reviewing authority must return the material referred to in paragraph (2)(b) to the Minister.\n Further temporary exclusion orders may be made\n (10) Nothing in this section prevents the making of another temporary exclusion order in relation to the same person.","sortOrder":16},{"sectionNumber":"Division 2","sectionType":"division","heading":"Return permits","content":"An Act to protect the community from terrorism by providing for temporary exclusion orders, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act is the Counter‑Terrorism (Temporary Exclusion Orders) Act 2019.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

The day this Act receives the Royal Assent.

30 July 2019

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Simplified outline of this Act\n\nThe Minister may make an order (called a temporary exclusion order) that prevents a person from entering Australia for a specified period, which may be up to 2 years. An order cannot be made unless certain criteria are met, and it can be revoked.\n\nThe Minister must refer the decision to make a temporary exclusion order to a reviewing authority for review. If the reviewing authority is of the opinion that the decision involved specified errors of law, the decision is taken never to have been made.\n\nIf the person is being deported or extradited to Australia or makes an application, the Minister must issue a permit (called a return permit) that allows the person to enter Australia. The Minister may also issue a permit if the Minister considers that it is appropriate to do so.\n\nThe permit may contain conditions, such as specifying the period within which and the way in which the person must enter Australia, and requiring the person to give notice of specified things, such as the person’s principal place of residence or place of employment while in Australia. Conditions cannot be imposed unless the Minister has regard to certain matters and is satisfied of specified matters.\n\nA return permit can remain in force for a maximum period of 12 months after the person to whom it applies enters Australia.\n\nA return permit can be varied or revoked.\n\nIt is an offence to fail to comply with any conditions imposed on a return permit, or to give false or misleading information or documents in purported compliance with such conditions.\n\nThe Minister must, each year, present a report to each House of the Parliament on the operation of this Act.\n\n#### 4 Definitions\n\n In this Act:\n\n> Australian travel document has the meaning given by the Australian Passports Act 2005.\n\n> listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code.\n\n> return permit means a permit issued under subsection 15(1) or (2).\n\n> reviewing authority means a person appointed under section 23.\n\n> state sponsor of terrorism has the same meaning as in the Criminal Code.\n\n> temporary exclusion order means an order made under subsection 10(1).\n\n> terrorist act has the same meaning as in the Crimes Act 1914.\n\n#### 5 Act extends to external Territories\n\n This Act extends to every external Territory.\n\n#### 6 Act extends to things outside Australia\n\n This Act extends to acts, omissions, matters and things outside Australia.\n\n#### 7 Act binds the Crown\n\n (1) This Act binds the Crown in each of its capacities.\n (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n## Part 2—Temporary exclusion orders and return permits\n\n### Division 1—Temporary exclusion orders\n\n#### 8 Prohibition on entering Australia if a temporary exclusion order is in force\n\n A person commits an offence if:\n (a) a temporary exclusion order is in force in relation to the person; and\n (b) the person enters Australia.\n\nPenalty: Imprisonment for 2 years.\n\n#### 9 Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person knows that a temporary exclusion order is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 10 Making a temporary exclusion order\n\n (1) Subject to subsections (2) and (3), the Minister may make an order (a temporary exclusion order) under this subsection in relation to a person if:\n (a) the person is located outside Australia; and\n (b) the person is an Australian citizen; and\n (c) the person is at least 14 years of age; and\n (d) a return permit is not in force in relation to the person.\n (2) The Minister must not make a temporary exclusion order in relation to a person unless either:\n (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following:\n (i) preventing a terrorist act;\n (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (iii) preventing the provision of support for, or the facilitation of, a terrorist act;\n (iv) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or\n (b) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of the Australian Security Intelligence Organisation Act 1979) for reasons related to politically motivated violence (within the meaning of that Act).\n (3) If the person is 14 to 17 years of age, the Minister must, before making a temporary exclusion order in relation to the person, have regard to:\n (a) the protection of the community as the paramount consideration; and\n (b) the best interests of the person as a primary consideration.\n (4) In determining what is in the best interests of a person for the purposes of paragraph (3)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (5) The Minister must take into account the matters in subsection (4):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (6) If the Minister makes a temporary exclusion order, the order must:\n (a) be in writing; and\n (b) specify the name of the person to whom the order relates; and\n (c) state that the criteria in subsection (2) for the making of the order have been met; and\n (d) specify the period during which the order is to be in force, which must not end more than 2 years after the day on which the order is made; and\n (e) if the person to whom the order relates has an Australian travel document—specify whether the person must surrender the document to a specified person or body; and\n (f) specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and\n (g) specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and\n (h) set out the effect of the following sections:\n (i) section 8 (offence to enter Australia if temporary exclusion order is in force);\n (ii) sections 11 and 12 (about revoking a temporary exclusion order);\n (iii) sections 15 and 18 (about return permits); and\n (i) state that the person may have review rights in relation to the decision to make the order.\n (7) Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person.\n (8) As soon as practicable after a temporary exclusion order comes into force, the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the content of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the content of the order.\n (9) A temporary exclusion order is not a legislative instrument.\n\n#### 11 Revoking a temporary exclusion order\n\n (1) The Minister may revoke a temporary exclusion order.\n (2) A temporary exclusion order may be revoked under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the order relates.\n\n> Note: See section 12 for how an application to revoke a temporary exclusion order can be made.\n\n (3) As soon as practicable after revoking a temporary exclusion order under subsection (1), the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the order; and\n (b) if the person to whom the order relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the order.\n (4) A revocation of a temporary exclusion order under subsection (1) takes effect when the Minister revokes the order.\n (5) A temporary exclusion order in relation to a person is taken to be revoked if a return permit is issued to the person. The revocation takes effect immediately after the return permit is issued.\n (6) This section does not prevent the making of another temporary exclusion order in relation to the same person.\n\n#### 12 Application to revoke a temporary exclusion order\n\n (1) An application for revocation of a temporary exclusion order may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) The application must include:\n (a) the following information about the person to whom the temporary exclusion order relates:\n (i) the person’s full name;\n (ii) the person’s date and place of birth;\n (iii) the person’s contact details; and\n (b) a statement specifying the reasons why the person seeks to have the temporary exclusion order revoked.\n (4) However, if the person making the application does not have information required by subsection (3), the person must explain why in the application.\n (5) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 13 Period for which a temporary exclusion order is in force\n\n (1) A temporary exclusion order in relation to a person comes into force:\n (a) if subsection (2) does not apply—immediately after a reviewing authority makes a decision under section 14 that none of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order; or\n (b) if subsection (2) applies—immediately after the Minister makes the temporary exclusion order in relation to the person.\n\n> Note: If subsection (2) does not apply and a reviewing authority makes a decision under section 14 that one or more of subparagraphs 14(4)(b)(i) to (iii) apply to the decision to make the temporary exclusion order in relation to the person, the temporary exclusion order is taken never to have been made and so never comes into force.\n\n (2) This subsection applies if the Minister is satisfied that, because of urgent circumstances, it is necessary that a temporary exclusion order in relation to a person comes into force immediately after it is made.\n (3) A temporary exclusion order in relation to a person remains in force until the earlier of the following occurs:\n (a) the period specified for the purposes of paragraph 10(6)(d) ends;\n (b) the order is revoked under section 11.\n\n#### 14 Reviewing authority must review the making of a temporary exclusion order\n\n Referral of TEO decision\n (1) Immediately after making a temporary exclusion order in relation to a person, the Minister must refer the decision (the TEO decision) to make the order to a reviewing authority.\n (2) The referral must include:\n (a) a written statement of reasons for the TEO decision; and\n (b) all of the material relating to the TEO decision that was before the Minister at the time the TEO decision was made.\n (3) Paragraph (2)(b) does not apply to material that, in the Minister’s opinion, would be contrary to the public interest to disclose.\n Review of TEO decision\n (4) The reviewing authority must, as soon as is reasonably practicable:\n (a) review the TEO decision; and\n (b) decide whether, in the opinion of the reviewing authority, one or more of the following subparagraphs apply to the TEO decision:\n (i) the making of the decision was an improper exercise of the power to make the decision;\n (ii) the decision was induced or affected by fraud;\n (iii) if the temporary exclusion order was made on the basis of paragraph 10(2)(a)—there was no material before the Minister from which the Minister could form the state of mind required by that paragraph.\n (5) For the purposes of subparagraph (4)(b)(i), the making of the decision is an improper exercise of the power to make the decision if:\n (a) the Minister took an irrelevant consideration into account; or\n (b) the Minister failed to take a relevant consideration into account; or\n (c) the decision was made for a purpose other than a purpose for which the power to make the decision was conferred; or\n (d) the decision was made in bad faith; or\n (e) the decision was made at the direction or behest of another person; or\n (f) the decision was made in accordance with a rule or policy without regard to the merits of the particular case; or\n (g) the decision was so unreasonable that no reasonable person could have made it; or\n (h) the decision was made in such a way that the result of the decision is uncertain; or\n (i) the decision was otherwise an abuse of the power to make the decision.\n (6) The reviewing authority must conduct a review of a TEO decision:\n (a) in the absence of the person (the affected person) to whom the temporary exclusion order relates; and\n (b) without the affected person having been notified of the review; and\n (c) without the affected person having been given an opportunity to make any representations to the reviewing authority.\n Effect of reviewing authority decision\n (7) If, in the opinion of the reviewing authority, one or more of subparagraphs (4)(b)(i) to (iii) apply to the TEO decision:\n (a) the TEO decision is taken never to have been made; and\n (b) if the person to whom the TEO decision relates has been notified of the making of the order—the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (i) to bring to the attention of the person the reviewing authority’s decision; and\n (ii) if the person is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the reviewing authority’s decision.\n\n> Note: If:\n\n (a) the reviewing authority decides that none of subparagraphs (4)(b)(i) to (iii) apply to the decision to make a temporary exclusion order; and\n (b) the order has not already come into force under paragraph 13(1)(b);\n\n> Note: the temporary exclusion order comes into force immediately after the reviewing authority’s decision is made (see paragraph 13(1)(a)).\n\n (8) If:\n (a) a return permit has been issued to a person in relation to whom a temporary exclusion order applies; and\n (b) the order is taken never to have been made because of the operation of paragraph (7)(a);\n the return permit is taken never to have been issued.\n TEO decision material must be returned to the Minister\n (9) As soon as reasonably practicable after completing a review of a TEO decision, the reviewing authority must return the material referred to in paragraph (2)(b) to the Minister.\n Further temporary exclusion orders may be made\n (10) Nothing in this section prevents the making of another temporary exclusion order in relation to the same person.\n\n### Division 2—Return permits\n\n#### 15 Issuing a return permit\n\n When a return permit must be issued\n (1) If a temporary exclusion order is in force in relation to a person, the Minister must issue a permit (a return permit) under this subsection to the person:\n (a) on application by, or on behalf of, the person; or\n (b) if the person is to be, or is being, deported or extradited to Australia.\n\n> Note: See section 18 for how an application for a return permit can be made.\n\n When a return permit may be issued\n (2) If a temporary exclusion order is in force in relation to a person, the Minister may issue a permit (a return permit) under this subsection to the person if the Minister considers it is appropriate to do so.\n Time for issuing a return permit\n (3) The return permit must be issued:\n (a) if the person applied for the permit under paragraph (1)(a)—within a reasonable period after the Minister received the application; or\n (b) if the person is to be, or is being, deported or extradited to Australia—within a reasonable period after the Minister becomes aware of that fact; or\n (c) if the Minister decides, under subsection (2), to issue a return permit to the person—within a reasonable period after the Minister makes the decision.\n Form and contents of permit\n (4) A return permit must:\n (a) be in writing; and\n (b) specify the name of the person to whom the permit relates; and\n (c) specify the day the permit comes into force and the period it remains in force, which must not end more than 12 months after the person enters Australia; and\n (d) specify the conditions (if any) imposed on the permit; and\n (e) if one or more conditions are imposed on the permit—specify, for each condition, the period during which the condition is in force, which must not end after the permit ceases to be in force; and\n (f) set out the effect of the following sections:\n (i) sections 17 and 18 (about varying and revoking a return permit);\n (ii) section 20 (offence for failing to comply with conditions of permit);\n (iii) section 22 (offence for providing false or misleading information or documents); and\n (g) state that the person may have review rights in relation to the decision to issue the permit.\n Return permit to be served personally\n (5) The Minister must cause a copy of the return permit to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.\n\n#### 16 Conditions on a return permit\n\n (1) The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.\n (2) A condition may be imposed at the time the return permit is issued, or at a later time.\n Requirements relating to imposing conditions\n (3) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must be satisfied that the imposition of the condition and (if more than one condition is imposed) the conditions taken together are reasonably necessary, and reasonably appropriate and adapted, for the purpose of one or more of the following:\n (a) preventing a terrorist act;\n (b) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (c) preventing the provision of support for, or the facilitation of, a terrorist act;\n (d) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.\n (4) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must have regard to the impact of imposing the condition (including the impact of all of the conditions that will be imposed on the permit taken together if the condition were imposed) on the person’s personal circumstances, particularly the impact on any dependants of the person who are aged under 18 years.\n (5) If the person to whom the return permit relates is 14 to 17 years of age, the Minister must have regard to the following matters before the Minister imposes a condition mentioned in subsection (9) or (10) on the permit:\n (a) the protection of the community as the paramount consideration;\n (b) the best interests of the person as a primary consideration.\n (6) In determining what is in the best interests of a person for the purposes of paragraph (5)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (7) The Minister must take into account the matters in subsection (6):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (8) Before imposing a condition mentioned in subsection (9) on a return permit that would prevent a person from entering Australia for a period of time, the Minister must consider the following matters (to the extent known to the Minister):\n (a) whether the person has a lawful right to remain, or to enter and remain, in a country other than Australia during that period;\n (b) if the person has no lawful right to remain, or to enter and remain, in a country other than Australia during that period—the likelihood of the person being detained, mistreated or harmed if the person cannot enter Australia until the end of that period.\n Pre‑entry conditions\n (9) The conditions in this subsection are as follows:\n (a) that the person must not enter Australia during a specified period, which must end no later than the earlier of:\n (i) the end of the period reasonably necessary to assess the risk posed by the entry of the person to Australia and to make appropriate arrangements for that entry; and\n (ii) 12 months after the permit is issued to the person;\n (b) that the person must enter Australia within a specified period, which must not end more than 3 months after the permit is issued to the person;\n (c) that the person must enter Australia on a specified date, which must not be later than 3 months after the permit is issued to the person;\n (d) that the person enter Australia in a specified manner.\n Post‑entry conditions\n (10) The conditions in this subsection are as follows:\n (a) that the person notify a specified person or body of the person’s principal place of residence in Australia;\n (b) that the person notify a specified person or body of any change to the person’s principal place of residence in Australia within 24 hours of the change occurring;\n (c) that the person notify a specified person or body of the person’s place of employment in Australia;\n (d) that the person notify a specified person or body of any change to the person’s place of employment in Australia within 24 hours of the change occurring;\n (e) that the person notify a specified person or body of the person’s place of education in Australia;\n (f) that the person notify a specified person or body of any change to the person’s place of education in Australia within 24 hours of the change occurring;\n (g) that the person notify a specified person or body of any contact with specified individuals (whether within or outside Australia) within 24 hours of the contact occurring;\n (h) that the person notify a specified person or body, within a specified period, if the person intends to enter, or enters, a State or Territory that is not the State or Territory in which the person’s principal place of residence is located;\n (i) that the person notify a specified person or body, within a specified period, if the person intends to leave, or leaves, Australia;\n (j) that, if the person accesses or uses, or intends to access or use, specified forms of telecommunication or other technology in Australia, the person do either or both of the following within a specified period of the access or use, or intended access or use, occurring:\n (i) notify a specified person or body of the use or access, or intended use or access;\n (ii) provide a specified person or body with sufficient information to enable the specific telecommunications service, account or device to be identified;\n (k) that the person notify a specified person or body, within a specified period, if the person intends to apply for an Australian travel document;\n (l) if the person has an Australian travel document—that the person must surrender the document to a specified person or body;\n (m) that the person is not permitted to apply for an Australian travel document;\n (n) that the person is not permitted to obtain an Australian travel document.\n (11) If a condition is imposed that requires the person to notify a specified person or body of a particular matter, the return permit may specify either or both of the following:\n (a) the manner in which the person or body is to be notified;\n (b) any documents or information that must be provided to the person or body to substantiate the relevant matter.\n\n#### 17 Varying and revoking a return permit\n\n (1) The Minister may:\n (a) vary a return permit to do one or more of the following:\n (i) vary the period during which the permit is in force, which must not end more than 12 months after the person enters Australia;\n (ii) remove a condition imposed on the permit;\n (iii) impose a new condition under section 16 on the permit; or\n (b) revoke a return permit.\n (2) The Minister may vary or revoke a return permit under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the return permit relates.\n\n> Note: See section 18 for how an application to vary or revoke a return permit can be made.\n\n (3) A variation or revocation of a return permit takes effect when the Minister varies or revokes the permit.\n (4) If the Minister varies a return permit to vary the period during which the permit is in force or to impose a new condition on the permit, the Minister must cause a copy of the return permit as varied to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (5) The Minister must comply with paragraph (4)(b) only if it is reasonably practicable to do so.\n (6) If the Minister revokes a return permit, or a condition on a return permit, the Minister must, as soon as practicable after revoking the permit or the condition, cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the permit or condition; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the permit or condition.\n\n#### 18 Applications in relation to a return permit\n\n (1) An application for a return permit, or for a variation or revocation of a return permit, may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) If the person to whom the application relates is located outside Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s contact details;\n (d) if the application is for the issue of a return permit—the following information in relation to each child (if any) of the person:\n (i) whether the child is deceased or alive;\n (ii) the full name of the child;\n (iii) the date and place of birth of the child;\n (iv) if the child is alive—the location of the child.\n (4) If the person to whom the application relates is in Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s current residential address in Australia;\n (d) the person’s contact details.\n (5) However, if the person making the application does not have information required by subsection (3) or (4), the person must explain why in the application.\n (6) If the application is for a variation of a return permit, the application must be accompanied by a statement that specifies:\n (a) the variation requested to be made; and\n (b) the reasons why the person to whom the application relates seeks to have the permit varied in the manner requested.\n (7) If the application is for a revocation of a return permit, the application must be accompanied by a statement that specifies the reasons why the person to whom the application relates seeks to have the permit revoked.\n (8) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.\n\n#### 19 Period for which a return permit is in force\n\n A return permit:\n (a) comes into force on the day specified for the purposes of paragraph 15(4)(c); and\n (b) remains in force until the earliest of the following occurs:\n (i) the period specified for the purposes of paragraph 15(4)(c) ends;\n (ii) if the period is varied under subparagraph 17(1)(a)(i)—the end of that period as varied;\n (iii) the permit is revoked under paragraph 17(1)(b).\n\n#### 20 Consequences for failing to comply with return permit conditions\n\n (1) A person commits an offence if:\n (a) a return permit is in force in relation to the person; and\n (b) a condition mentioned in subsection 16(9) or (10) is imposed on the return permit; and\n (c) the person fails to comply with the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.\n\n#### 21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person does so knowing that the second person is entering Australia in contravention of a condition imposed on a return permit that is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.\n\n#### 22 Consequences for providing false or misleading information or documents\n\n (1) A person commits an offence if:\n (a) the person gives information or produces a document to a person or body; and\n (b) the person does so in response to a condition imposed on a return permit given to the person; and\n (c) the person does so knowing that the information or document is false or misleading.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n## Part 3—Other matters\n\n#### 23 Reviewing authority\n\n Appointment\n (1) The Attorney‑General may, in writing, appoint as a reviewing authority:\n (a) a former Justice of the High Court; or\n (b) a former judge or justice of a court created by the Parliament; or\n (c) a former judge of the Supreme Court of a State or Territory; or\n (d) a person who:\n (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and\n (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and\n (iii) has been enrolled for at least 5 years.\n (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).\n (3) A person’s appointment under subsection (1) ceases to have effect if:\n (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or\n (b) the Attorney‑General, in writing, revokes the appointment.\n (4) The Attorney‑General must not appoint a person as a reviewing authority unless:\n (a) the person has, by writing, consented to being appointed; and\n (b) the consent is in force.\n Powers conferred personally\n (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:\n (a) in a personal capacity; and\n (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.\n Powers need not be accepted\n (6) The reviewing authority need not accept the power conferred.\n Protection and immunity\n (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.\n\n#### 24 Protection of information provided to a reviewing authority\n\n (1) A person commits an offence if:\n (a) the person is, or has been, a reviewing authority; and\n (b) the person obtains information under subsection 14(2); and\n (c) the person discloses the information.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the disclosure of the information is for the purposes of giving effect to this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) For the purposes of subsection (2) (and without limiting that subsection), if the disclosure of the information is in civil proceedings for judicial review of a decision made under this Act, then the disclosure is for the purposes of giving effect to this Act.\n\n#### 25 Delegation\n\n (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n\n> Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n> Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) Subsection (1) does not apply to the Minister’s functions or powers under the following provisions:\n (a) subsection 10(1) (making a temporary exclusion order);\n (b) subsection 11(1) (revoking a temporary exclusion order);\n (c) subsection 15(1) (mandatory issue of a return permit);\n (d) subsection 15(2) (discretion to issue a return permit);\n (e) subsection 16(1) (imposing conditions on a return permit);\n (f) subsection 17(1) (varying or revoking a return permit).\n (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.\n\n#### 26 Exclusion of procedural fairness\n\n The Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act.\n\n#### 27 The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act\n\n The Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions made under this Act.\n\n#### 28 Interaction with the Australian Security Intelligence Organisation Act 1979\n\n (1) Neither a temporary exclusion order nor a return permit constitutes prescribed administrative action for the purposes of the Australian Security Intelligence Organisation Act 1979.\n (2) This section is enacted for the avoidance of doubt.\n\n#### 29 Interaction with the Australian Passports Act 2005\n\n (1) If a temporary exclusion order specifies one or more of the following:\n (a) that the person must surrender an Australian travel document to a specified person or body;\n (b) that the person is not permitted to apply for an Australian travel document;\n (c) that the person is not permitted to obtain an Australian travel document;\n the person is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally.\n (2) If a condition mentioned in paragraph 16(10)(l), (m) or (n) is imposed on a return permit, the person in relation to whom the permit applies is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally while the condition is in force.\n (3) This section is enacted for the avoidance of doubt.\n\n#### 30 Severability\n\n If section 14 is not a valid law of the Commonwealth:\n (a) it is Parliament’s intention that this Act operate as if that section had never been enacted; and\n (b) this Act applies as if subsections 13(1) and (2) were omitted and replaced with the following:\n “(1) A temporary exclusion order in relation to a person comes into force immediately after the Minister makes the temporary exclusion order in relation to the person.”\n\n#### 31 Annual report on operation of Act\n\n (1) The Minister must, as soon as practicable after the end of each financial year, cause to be prepared a report about the operation of this Act, during that year.\n (2) The report must include information about the following matters in relation to the financial year:\n (a) the number of temporary exclusion orders made;\n (b) the number of temporary exclusion orders revoked;\n (c) the number of temporary exclusion orders taken never to have been made because of the operation of paragraph 14(7)(a);\n (d) the number of times a temporary exclusion order came into force immediately after it was made;\n (e) the number of temporary exclusion orders made in relation to persons aged 14 to 17 years;\n (f) the number of return permits issued;\n (g) for each condition mentioned in subsections 16(9) and (10)—the number of return permits on which the condition was imposed;\n (h) the number of return permits varied or revoked;\n (i) the number of persons subject to a return permit who entered Australia;\n (j) the number of persons (if any) charged with an offence against this Act.\n (3) Despite subsection (2), if the Minister is satisfied that disclosure of information mentioned in that subsection is likely to prejudice national security:\n (a) the information must not be included in the report; and\n (b) the information must instead be provided to the Parliamentary Joint Committee on Intelligence and Security.\n (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Issuing a return permit","content":"#### 15 Issuing a return permit\n\n When a return permit must be issued\n (1) If a temporary exclusion order is in force in relation to a person, the Minister must issue a permit (a return permit) under this subsection to the person:\n (a) on application by, or on behalf of, the person; or\n (b) if the person is to be, or is being, deported or extradited to Australia.\n\n> Note: See section 18 for how an application for a return permit can be made.\n\n When a return permit may be issued\n (2) If a temporary exclusion order is in force in relation to a person, the Minister may issue a permit (a return permit) under this subsection to the person if the Minister considers it is appropriate to do so.\n Time for issuing a return permit\n (3) The return permit must be issued:\n (a) if the person applied for the permit under paragraph (1)(a)—within a reasonable period after the Minister received the application; or\n (b) if the person is to be, or is being, deported or extradited to Australia—within a reasonable period after the Minister becomes aware of that fact; or\n (c) if the Minister decides, under subsection (2), to issue a return permit to the person—within a reasonable period after the Minister makes the decision.\n Form and contents of permit\n (4) A return permit must:\n (a) be in writing; and\n (b) specify the name of the person to whom the permit relates; and\n (c) specify the day the permit comes into force and the period it remains in force, which must not end more than 12 months after the person enters Australia; and\n (d) specify the conditions (if any) imposed on the permit; and\n (e) if one or more conditions are imposed on the permit—specify, for each condition, the period during which the condition is in force, which must not end after the permit ceases to be in force; and\n (f) set out the effect of the following sections:\n (i) sections 17 and 18 (about varying and revoking a return permit);\n (ii) section 20 (offence for failing to comply with conditions of permit);\n (iii) section 22 (offence for providing false or misleading information or documents); and\n (g) state that the person may have review rights in relation to the decision to issue the permit.\n Return permit to be served personally\n (5) The Minister must cause a copy of the return permit to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Conditions on a return permit","content":"#### 16 Conditions on a return permit\n\n (1) The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.\n (2) A condition may be imposed at the time the return permit is issued, or at a later time.\n Requirements relating to imposing conditions\n (3) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must be satisfied that the imposition of the condition and (if more than one condition is imposed) the conditions taken together are reasonably necessary, and reasonably appropriate and adapted, for the purpose of one or more of the following:\n (a) preventing a terrorist act;\n (b) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;\n (c) preventing the provision of support for, or the facilitation of, a terrorist act;\n (d) preventing the provision of support or resources to an organisation that would help the organisation engage in an activity described in paragraph (a) of the definition of terrorist organisation in subsection 102.1(1) of the Criminal Code;\n (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.\n (4) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must have regard to the impact of imposing the condition (including the impact of all of the conditions that will be imposed on the permit taken together if the condition were imposed) on the person’s personal circumstances, particularly the impact on any dependants of the person who are aged under 18 years.\n (5) If the person to whom the return permit relates is 14 to 17 years of age, the Minister must have regard to the following matters before the Minister imposes a condition mentioned in subsection (9) or (10) on the permit:\n (a) the protection of the community as the paramount consideration;\n (b) the best interests of the person as a primary consideration.\n (6) In determining what is in the best interests of a person for the purposes of paragraph (5)(b), the Minister must take into account the following matters:\n (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;\n (b) the physical and mental health of the person;\n (c) the benefit to the person of having a meaningful relationship with his or her family and friends;\n (d) the right of the person to receive an education;\n (e) the right of the person to practise his or her religion;\n (f) any other matter the Minister considers relevant.\n (7) The Minister must take into account the matters in subsection (6):\n (a) only to the extent that the matters are known to the Minister; and\n (b) only to the extent that the matters are relevant.\n (8) Before imposing a condition mentioned in subsection (9) on a return permit that would prevent a person from entering Australia for a period of time, the Minister must consider the following matters (to the extent known to the Minister):\n (a) whether the person has a lawful right to remain, or to enter and remain, in a country other than Australia during that period;\n (b) if the person has no lawful right to remain, or to enter and remain, in a country other than Australia during that period—the likelihood of the person being detained, mistreated or harmed if the person cannot enter Australia until the end of that period.\n Pre‑entry conditions\n (9) The conditions in this subsection are as follows:\n (a) that the person must not enter Australia during a specified period, which must end no later than the earlier of:\n (i) the end of the period reasonably necessary to assess the risk posed by the entry of the person to Australia and to make appropriate arrangements for that entry; and\n (ii) 12 months after the permit is issued to the person;\n (b) that the person must enter Australia within a specified period, which must not end more than 3 months after the permit is issued to the person;\n (c) that the person must enter Australia on a specified date, which must not be later than 3 months after the permit is issued to the person;\n (d) that the person enter Australia in a specified manner.\n Post‑entry conditions\n (10) The conditions in this subsection are as follows:\n (a) that the person notify a specified person or body of the person’s principal place of residence in Australia;\n (b) that the person notify a specified person or body of any change to the person’s principal place of residence in Australia within 24 hours of the change occurring;\n (c) that the person notify a specified person or body of the person’s place of employment in Australia;\n (d) that the person notify a specified person or body of any change to the person’s place of employment in Australia within 24 hours of the change occurring;\n (e) that the person notify a specified person or body of the person’s place of education in Australia;\n (f) that the person notify a specified person or body of any change to the person’s place of education in Australia within 24 hours of the change occurring;\n (g) that the person notify a specified person or body of any contact with specified individuals (whether within or outside Australia) within 24 hours of the contact occurring;\n (h) that the person notify a specified person or body, within a specified period, if the person intends to enter, or enters, a State or Territory that is not the State or Territory in which the person’s principal place of residence is located;\n (i) that the person notify a specified person or body, within a specified period, if the person intends to leave, or leaves, Australia;\n (j) that, if the person accesses or uses, or intends to access or use, specified forms of telecommunication or other technology in Australia, the person do either or both of the following within a specified period of the access or use, or intended access or use, occurring:\n (i) notify a specified person or body of the use or access, or intended use or access;\n (ii) provide a specified person or body with sufficient information to enable the specific telecommunications service, account or device to be identified;\n (k) that the person notify a specified person or body, within a specified period, if the person intends to apply for an Australian travel document;\n (l) if the person has an Australian travel document—that the person must surrender the document to a specified person or body;\n (m) that the person is not permitted to apply for an Australian travel document;\n (n) that the person is not permitted to obtain an Australian travel document.\n (11) If a condition is imposed that requires the person to notify a specified person or body of a particular matter, the return permit may specify either or both of the following:\n (a) the manner in which the person or body is to be notified;\n (b) any documents or information that must be provided to the person or body to substantiate the relevant matter.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Varying and revoking a return permit","content":"#### 17 Varying and revoking a return permit\n\n (1) The Minister may:\n (a) vary a return permit to do one or more of the following:\n (i) vary the period during which the permit is in force, which must not end more than 12 months after the person enters Australia;\n (ii) remove a condition imposed on the permit;\n (iii) impose a new condition under section 16 on the permit; or\n (b) revoke a return permit.\n (2) The Minister may vary or revoke a return permit under subsection (1):\n (a) on the Minister’s own initiative; or\n (b) on application by, or on behalf of, the person to whom the return permit relates.\n\n> Note: See section 18 for how an application to vary or revoke a return permit can be made.\n\n (3) A variation or revocation of a return permit takes effect when the Minister varies or revokes the permit.\n (4) If the Minister varies a return permit to vary the period during which the permit is in force or to impose a new condition on the permit, the Minister must cause a copy of the return permit as varied to be served personally:\n (a) on the person to whom it relates; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person.\n (5) The Minister must comply with paragraph (4)(b) only if it is reasonably practicable to do so.\n (6) If the Minister revokes a return permit, or a condition on a return permit, the Minister must, as soon as practicable after revoking the permit or the condition, cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:\n (a) to bring to the attention of the person the revocation of the permit or condition; and\n (b) if the person to whom the permit relates is 14 to 17 years of age—to bring to the attention of a parent or guardian of the person the revocation of the permit or condition.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Applications in relation to a return permit","content":"#### 18 Applications in relation to a return permit\n\n (1) An application for a return permit, or for a variation or revocation of a return permit, may be made orally or in writing to:\n (a) the Minister; or\n (b) the Department.\n (2) The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).\n (3) If the person to whom the application relates is located outside Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s contact details;\n (d) if the application is for the issue of a return permit—the following information in relation to each child (if any) of the person:\n (i) whether the child is deceased or alive;\n (ii) the full name of the child;\n (iii) the date and place of birth of the child;\n (iv) if the child is alive—the location of the child.\n (4) If the person to whom the application relates is in Australia at the time the application is made, the application must include the following information:\n (a) the person’s full name;\n (b) the person’s date and place of birth;\n (c) the person’s current residential address in Australia;\n (d) the person’s contact details.\n (5) However, if the person making the application does not have information required by subsection (3) or (4), the person must explain why in the application.\n (6) If the application is for a variation of a return permit, the application must be accompanied by a statement that specifies:\n (a) the variation requested to be made; and\n (b) the reasons why the person to whom the application relates seeks to have the permit varied in the manner requested.\n (7) If the application is for a revocation of a return permit, the application must be accompanied by a statement that specifies the reasons why the person to whom the application relates seeks to have the permit revoked.\n (8) If the application is made on behalf of someone else, the person making the application must provide the following in the application:\n (a) the person’s full name;\n (b) the person’s contact details;\n (c) the person’s relationship to the person to whom the application relates;\n (d) a statement that the person to whom the application relates has consented to the person making the application on their behalf.\n\n> Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Period for which a return permit is in force","content":"#### 19 Period for which a return permit is in force\n\n A return permit:\n (a) comes into force on the day specified for the purposes of paragraph 15(4)(c); and\n (b) remains in force until the earliest of the following occurs:\n (i) the period specified for the purposes of paragraph 15(4)(c) ends;\n (ii) if the period is varied under subparagraph 17(1)(a)(i)—the end of that period as varied;\n (iii) the permit is revoked under paragraph 17(1)(b).","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Consequences for failing to comply with return permit conditions","content":"#### 20 Consequences for failing to comply with return permit conditions\n\n (1) A person commits an offence if:\n (a) a return permit is in force in relation to the person; and\n (b) a condition mentioned in subsection 16(9) or (10) is imposed on the return permit; and\n (c) the person fails to comply with the condition.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Permitting use of a vessel or aircraft by person in contravention of return permit conditions","content":"#### 21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions\n\n (1) A person commits an offence if:\n (a) the person is:\n (i) an owner, charterer, lessee, operator, agent or master of a vessel; or\n (ii) an owner, charterer, lessee, operator or pilot in charge of an aircraft; and\n (b) the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and\n (c) the person does so knowing that the second person is entering Australia in contravention of a condition imposed on a return permit that is in force in relation to the second person.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the second person is being deported or extradited to Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Consequences for providing false or misleading information or documents","content":"#### 22 Consequences for providing false or misleading information or documents\n\n (1) A person commits an offence if:\n (a) the person gives information or produces a document to a person or body; and\n (b) the person does so in response to a condition imposed on a return permit given to the person; and\n (c) the person does so knowing that the information or document is false or misleading.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other matters","content":"## Part 3—Other matters","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Reviewing authority","content":"#### 23 Reviewing authority\n\n Appointment\n (1) The Attorney‑General may, in writing, appoint as a reviewing authority:\n (a) a former Justice of the High Court; or\n (b) a former judge or justice of a court created by the Parliament; or\n (c) a former judge of the Supreme Court of a State or Territory; or\n (d) a person who:\n (i) holds an appointment to the Administrative Review Tribunal as Non‑Judicial Deputy President or senior member; and\n (ii) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or a Territory; and\n (iii) has been enrolled for at least 5 years.\n (2) A person who is currently a judge or justice of any court is not eligible for appointment under subsection (1).\n (3) A person’s appointment under subsection (1) ceases to have effect if:\n (a) the person ceases to be a person whom the Attorney‑General could appoint under that subsection; or\n (b) the Attorney‑General, in writing, revokes the appointment.\n (4) The Attorney‑General must not appoint a person as a reviewing authority unless:\n (a) the person has, by writing, consented to being appointed; and\n (b) the consent is in force.\n Powers conferred personally\n (5) A power conferred on a reviewing authority by this Act is conferred on the reviewing authority:\n (a) in a personal capacity; and\n (b) if the reviewing authority is a member of the Administrative Review Tribunal—not as a member of the Tribunal.\n Powers need not be accepted\n (6) The reviewing authority need not accept the power conferred.\n Protection and immunity\n (7) A reviewing authority has, in relation to performing functions or exercising powers under this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Protection of information provided to a reviewing authority","content":"#### 24 Protection of information provided to a reviewing authority\n\n (1) A person commits an offence if:\n (a) the person is, or has been, a reviewing authority; and\n (b) the person obtains information under subsection 14(2); and\n (c) the person discloses the information.\n\nPenalty: Imprisonment for 2 years.\n\n (2) Subsection (1) does not apply if the disclosure of the information is for the purposes of giving effect to this Act.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n (3) For the purposes of subsection (2) (and without limiting that subsection), if the disclosure of the information is in civil proceedings for judicial review of a decision made under this Act, then the disclosure is for the purposes of giving effect to this Act.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Delegation","content":"#### 25 Delegation\n\n (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:\n (a) the Secretary of the Department; or\n (b) an SES employee, or acting SES employee, in the Department.\n\n> Note 1: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n> Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) Subsection (1) does not apply to the Minister’s functions or powers under the following provisions:\n (a) subsection 10(1) (making a temporary exclusion order);\n (b) subsection 11(1) (revoking a temporary exclusion order);\n (c) subsection 15(1) (mandatory issue of a return permit);\n (d) subsection 15(2) (discretion to issue a return permit);\n (e) subsection 16(1) (imposing conditions on a return permit);\n (f) subsection 17(1) (varying or revoking a return permit).\n (3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Exclusion of procedural fairness","content":"#### 26 Exclusion of procedural fairness\n\n The Minister is not required to observe any requirements of procedural fairness in exercising a power or performing a function under this Act.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act","content":"#### 27 The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act\n\n The Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions made under this Act.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Interaction with the Australian Security Intelligence Organisation Act 1979","content":"#### 28 Interaction with the Australian Security Intelligence Organisation Act 1979\n\n (1) Neither a temporary exclusion order nor a return permit constitutes prescribed administrative action for the purposes of the Australian Security Intelligence Organisation Act 1979.\n (2) This section is enacted for the avoidance of doubt.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Interaction with the Australian Passports Act 2005","content":"#### 29 Interaction with the Australian Passports Act 2005\n\n (1) If a temporary exclusion order specifies one or more of the following:\n (a) that the person must surrender an Australian travel document to a specified person or body;\n (b) that the person is not permitted to apply for an Australian travel document;\n (c) that the person is not permitted to obtain an Australian travel document;\n the person is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally.\n (2) If a condition mentioned in paragraph 16(10)(l), (m) or (n) is imposed on a return permit, the person in relation to whom the permit applies is taken, for the purposes of section 12 of the Australian Passports Act 2005, to be prevented from travelling internationally while the condition is in force.\n (3) This section is enacted for the avoidance of doubt.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Severability","content":"#### 30 Severability\n\n If section 14 is not a valid law of the Commonwealth:\n (a) it is Parliament’s intention that this Act operate as if that section had never been enacted; and\n (b) this Act applies as if subsections 13(1) and (2) were omitted and replaced with the following:\n “(1) A temporary exclusion order in relation to a person comes into force immediately after the Minister makes the temporary exclusion order in relation to the person.”","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Annual report on operation of Act","content":"#### 31 Annual report on operation of Act\n\n (1) The Minister must, as soon as practicable after the end of each financial year, cause to be prepared a report about the operation of this Act, during that year.\n (2) The report must include information about the following matters in relation to the financial year:\n (a) the number of temporary exclusion orders made;\n (b) the number of temporary exclusion orders revoked;\n (c) the number of temporary exclusion orders taken never to have been made because of the operation of paragraph 14(7)(a);\n (d) the number of times a temporary exclusion order came into force immediately after it was made;\n (e) the number of temporary exclusion orders made in relation to persons aged 14 to 17 years;\n (f) the number of return permits issued;\n (g) for each condition mentioned in subsections 16(9) and (10)—the number of return permits on which the condition was imposed;\n (h) the number of return permits varied or revoked;\n (i) the number of persons subject to a return permit who entered Australia;\n (j) the number of persons (if any) charged with an offence against this Act.\n (3) Despite subsection (2), if the Minister is satisfied that disclosure of information mentioned in that subsection is likely to prejudice national security:\n (a) the information must not be included in the report; and\n (b) the information must instead be provided to the Parliamentary Joint Committee on Intelligence and Security.\n (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives it.","sortOrder":35}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s.11(5) and s.10(1)(d)","severity":"medium","reasoning":"Section 15(1) and (2) both require that 'a temporary exclusion order is in force in relation to a person' before a return permit can be issued. Section 11(5) then provides that the TEO is revoked immediately upon issuance of the return permit. Section 10(1)(d) prevents a new TEO being made while a return permit is in force. This means the return permit exists in a legal state where the instrument that authorised its creation has been annihilated by its own creation. While this may be intentional policy design (the permit replaces the order), the legal logic is strained: the permit is issued under a power that requires the TEO to be 'in force', but the act of issuance retroactively undermines the jurisdictional basis for the permit.","confidence":0.72,"description":"Circular revocation-prerequisite loop: A TEO is automatically revoked when a return permit is issued (s.11(5)), but a return permit can only be issued when a TEO is in force (s.15(1) and (2)). Meanwhile, a TEO cannot be made if a return permit is already in force (s.10(1)(d)). This creates a circular dependency where the instruments are mutually exclusive yet interdependent."},{"type":"retroactive_impossibility","section":"s.14(7)(a) and s.14(8)","severity":"high","reasoning":"The retrospective legal fiction that the TEO 'never existed' and the return permit 'was never issued' creates an impossible situation where a person who physically entered Australia lawfully under a permit that is now deemed never to have existed has no clear legal status. Their entry under s.8 would prima facie constitute an offence (entering without a valid TEO being in force and without a valid permit), yet they acted in good faith on a facially valid instrument. The Act provides no savings provision, immunity or transitional mechanism for this scenario. The person could theoretically be exposed to criminal liability under s.8 for conduct that was lawful when undertaken.","confidence":0.85,"description":"Retroactive nullification of return permit creates impossible compliance situation. If a TEO is taken never to have been made under s.14(7)(a), any return permit issued under that TEO is also taken never to have been issued (s.14(8)). However, if the person has already entered Australia in reliance on that return permit and complied with its conditions, those actions cannot be undone, yet the legal basis for them is extinguished ex post facto."},{"type":"impossible_compliance","section":"s.14(6) and s.14(4)(b)(iii)","severity":"high","reasoning":"Section 14(2)(b) requires the referral to include 'all of the material' before the Minister, but s.14(3) carves out material the Minister considers contrary to the public interest. The reviewing authority must then assess under s.14(4)(b)(iii) whether 'there was no material before the Minister' sufficient to ground the s.10(2)(a) state of mind. But the reviewing authority cannot make this assessment accurately if the Minister has withheld material under s.14(3). The reviewing authority is being asked to determine the sufficiency of a record it may never see in full, making the review function potentially illusory rather than genuine.","confidence":0.88,"description":"The reviewing authority is required to assess whether there was 'no material before the Minister' from which the Minister could form the requisite state of mind under s.10(2)(a), but s.14(3) permits the Minister to withhold material from the referral on public interest grounds, meaning the reviewing authority may be assessing completeness of material from an incomplete record."},{"type":"impossible_compliance","section":"s.23(6) and s.14(1)","severity":"high","reasoning":"Section 23(6) unambiguously states the reviewing authority 'need not accept the power conferred'. Section 14(1) imposes an immediate mandatory referral obligation on the Minister. If the appointed reviewing authority refuses the power, the Minister cannot comply with s.14(1). There is no provision for appointing an alternative reviewing authority on short notice, no savings clause for this scenario, and no mechanism by which a TEO can come into force under s.13(1)(a) if no reviewing authority will conduct the review. The Act does not address what happens to the TEO or the Minister's obligation in this scenario.","confidence":0.82,"description":"The reviewing authority 'need not accept the power conferred' (s.23(6)), yet the Minister has a mandatory obligation under s.14(1) to immediately refer every TEO decision to a reviewing authority for review. If the reviewing authority declines to accept the power, the mandatory referral obligation cannot be discharged, leaving the TEO in legal limbo with no mechanism to resolve the deadlock."},{"type":"self_contradicting","section":"s.26 and s.14(4)(b)(i), s.14(5)(b)","severity":"medium","reasoning":"Procedural fairness at common law includes the obligation to consider relevant matters. Section 26 blanket-excludes procedural fairness requirements from the Minister's exercise of power. However, s.14(5)(b) makes 'failure to take a relevant consideration into account' an improper exercise of power warranting invalidation. These provisions pull in opposite directions: one says the Minister need not follow natural justice standards, the other imposes a substantive obligation equivalent to one of the core natural justice requirements (the relevance/irrelevance doctrine). The exclusion in s.26 may be intended to address only the hearing rule, but the drafting creates ambiguity.","confidence":0.7,"description":"Section 26 excludes procedural fairness obligations on the Minister, yet s.14(5)(b) lists 'the Minister failed to take a relevant consideration into account' as grounds for the reviewing authority to invalidate a TEO. Excluding procedural fairness while simultaneously making failure to consider relevant matters an invalidating error creates an internal tension about the applicable decision-making standard."},{"type":"self_contradicting","section":"s.16(9)(a) and s.15(4)(c)","severity":"medium","reasoning":"The return permit's maximum duration is calculated from when the person enters Australia (s.15(4)(c)). A pre-entry condition can legally bar the person from entering for up to 12 months (s.16(9)(a)(ii)). But s.15(4)(c) requires the permit to specify its period 'in force' at the time of issuance — before the person has entered. The permit drafter must specify a period ending not more than 12 months after entry, but entry date is unknown and could be delayed by up to 12 months. If the permit specifies a fixed end date at issuance and the person is lawfully barred from entering for 11 months, the permit may have as little as 1 month of post-entry operation, potentially frustrating the scheme's purpose.","confidence":0.75,"description":"A pre-entry condition under s.16(9)(a) can prevent a person from entering Australia for up to 12 months after the permit is issued, yet s.15(4)(c) requires the return permit to specify a period that ends no more than 12 months after the person 'enters Australia'. If the person is barred from entering for up to 12 months, the permit's duration clock cannot start running, potentially rendering the permit duration provision meaningless or creating a situation where the permit expires before it becomes usable."},{"type":"other","section":"s.10(6)(c) and s.14(4)(b)(iii)","severity":"low","reasoning":"The mandatory statement in s.10(6)(c) creates a self-serving declaration in the instrument that the criteria were met, but the reviewing authority must look beyond this to the actual material. This is not logically contradictory but is potentially circular — the order declares its own legality, which must then be independently verified by review. The declaration adds little legal substance while potentially confusing the scope of the review.","confidence":0.6,"description":"Section 10(6)(c) requires the TEO to 'state that the criteria in subsection (2) for the making of the order have been met', even though this is a formal declaration in the instrument itself rather than actual evidence. Section 14(4)(b)(iii) requires the reviewing authority to assess whether there was material before the Minister sufficient to form the s.10(2)(a) state of mind. The boilerplate declaration in the order cannot itself constitute the 'material' that satisfies the review criterion, yet it is a mandatory element of every order."},{"type":"self_contradicting","section":"s.10(6)(i) and s.27","severity":"medium","reasoning":"Every TEO must tell the subject they 'may have review rights'. But the Act simultaneously excludes ADJR Act review (s.27), excludes procedural fairness (s.26), and conducts the internal review (s.14) entirely without the person's knowledge or participation (s.14(6)). While constitutional judicial review under s.75(v) of the Constitution may remain available, the statement in the TEO about 'review rights' is potentially misleading or illusory in the practical context, and certainly incomplete given the significant limitations imposed.","confidence":0.78,"description":"Section 10(6)(i) requires the TEO to state that 'the person may have review rights in relation to the decision to make the order', yet s.27 expressly provides that the Administrative Decisions (Judicial Review) Act 1977 does not apply to decisions under this Act. The mandatory notification of potential review rights is potentially misleading given the statutory exclusion of the primary review mechanism."},{"type":"retroactive_impossibility","section":"s.13(1)(b) and s.14(7)(a)","severity":"high","reasoning":"This creates a temporal impossibility: a person could be convicted of breaching a TEO (s.8) during a period when the order was operationally in force, only for the order to be later deemed never to have existed. The Act contains no savings clause addressing criminal liability incurred during this window. Prosecution and conviction for breaching an order that legally never existed would be a profound absurdity. The Act's silence on this point is a significant drafting failure.","confidence":0.9,"description":"In urgent circumstances (s.13(1)(b)), a TEO comes into force immediately upon being made by the Minister. The reviewing authority subsequently reviews the decision and may declare it 'never to have been made' (s.14(7)(a)). During the interval between making and invalidation, the TEO was legally 'in force' and any breach by the person (e.g. attempting to enter Australia) would prima facie constitute an offence under s.8, yet the order is subsequently deemed never to have existed."}],"contradictions":[{"severity":"low","section_a":"s.15(1)","section_b":"s.11(5)","confidence":0.65,"description":"Section 15(1) mandates the Minister must issue a return permit when a TEO is in force and the person applies or is being deported/extradited. Section 11(5) provides that a TEO is automatically revoked when a return permit is issued. These sections work in sequence but create a logical tension: the mandatory duty to issue in s.15(1) is jurisdictionally founded on the TEO being 'in force', yet performance of that duty destroys the jurisdictional foundation simultaneously."},{"severity":"medium","section_a":"s.14(6)","section_b":"s.10(6)(i)","confidence":0.8,"description":"Section 14(6) mandates the review must occur without notifying the affected person and without giving them any opportunity to make representations. Section 10(6)(i) requires the TEO to notify the person they 'may have review rights'. These provisions are contradictory: the person is told they have review rights, but the only review that occurs is specifically designed to exclude them entirely."},{"severity":"medium","section_a":"s.26","section_b":"s.14(5)","confidence":0.72,"description":"Section 26 excludes all procedural fairness requirements from the Minister's decision-making under the Act. Section 14(5) defines improper exercise of power to include taking irrelevant considerations into account (s.14(5)(a)), failing to take relevant considerations into account (s.14(5)(b)), and making a decision in bad faith (s.14(5)(d)). These grounds are classic administrative law standards that overlap substantially with natural justice and procedural fairness obligations, creating an internal contradiction between the exclusion clause and the review criteria."},{"severity":"low","section_a":"s.8","section_b":"s.13(1)(a) and s.14(7)(a)","confidence":0.62,"description":"Section 8 makes it an offence to enter Australia while a TEO is 'in force'. In non-urgent cases, the TEO does not come into force until after the reviewing authority approves it (s.13(1)(a)), meaning there is a window after the Minister makes the order but before it comes into force during which a person could theoretically enter Australia without committing an offence. Yet s.14(1) requires the Minister to immediately refer the decision, implying the order has some operative effect from making. This creates uncertainty about the legal status of the order in the pre-force window."},{"severity":"high","section_a":"s.16(9)(b) and s.16(9)(c)","section_b":"s.16(9)(a)","confidence":0.92,"description":"Subsections 16(9)(b) and (c) require a person to enter Australia within 3 months of the permit being issued (mandatory entry deadline). Subsection 16(9)(a) allows imposition of a condition preventing the person from entering Australia for up to 12 months after the permit is issued. These conditions are mutually contradictory: a person cannot simultaneously be required to enter within 3 months and prevented from entering for up to 12 months under permits bearing both conditions."},{"severity":"low","section_a":"s.15(4)(c)","section_b":"s.19(a)","confidence":0.55,"description":"Section 15(4)(c) requires the permit to specify 'the day the permit comes into force', but s.19(a) states the permit 'comes into force on the day specified for the purposes of paragraph 15(4)(c)'. This is formally circular — the permit comes into force on the day it says it comes into force — and provides no external legal reference point for determining validity if the specified date is ambiguous, missing, or contested."},{"severity":"medium","section_a":"s.7(2)","section_b":"s.7(1)","confidence":0.68,"description":"Section 7(1) binds the Crown in each of its capacities, while s.7(2) provides the Crown is not liable to a pecuniary penalty or prosecution. Given that the principal offences in this Act (ss.8, 9, 20, 21, 22, 24) carry only imprisonment penalties and not pecuniary penalties, the Crown exemption in s.7(2) would appear to exempt the Crown from all criminal liability under the Act, rendering the binding effect in s.7(1) practically meaningless for enforcement purposes."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to operate within its stated purpose of managing the return of Australian citizens suspected of terrorism links. However, the breadth of post-entry surveillance conditions (reporting contacts, technology use, interstate travel) arguably extends the practical reach of the law well beyond border control into ongoing domestic monitoring of individuals once they return — which some would argue exceeds a pure 'temporary exclusion' framework. The minimum age of 14 also extends the scope to juveniles, which is a notable expansion beyond typical counter-terrorism powers that usually apply only to adults."},"complexity_factors":["Intricate two-stage order system (TEO followed by return permit) with interdependent triggering conditions and timing rules","Multiple cross-references to other legislation (Criminal Code, ASIO Act, Australian Passports Act, ADJR Act, Crimes Act 1914) requiring familiarity with those Acts to fully understand","Deliberately layered procedural safeguards (reviewing authority mechanism) that operate in secret and use non-standard review criteria defined exhaustively within the Act itself","Extensive list of 14 distinct post-entry and pre-entry permit conditions with separate timing rules for each","Special regime for minors (14–17) with distinct criteria, best interests assessments, and notification obligations to parents/guardians running in parallel with adult provisions","Severability clause anticipating potential constitutional invalidity of the review mechanism, with a built-in fallback operative scheme","Explicit exclusion of procedural fairness and ADJR Act review combined with a novel quasi-judicial review body (the reviewing authority) that operates outside normal administrative law frameworks","Extended geographical jurisdiction provisions applying different categories of criminal liability (Category A and Category B) to different offences","Interaction between return permit revocation/TEO revival rules creating complex status-change scenarios (e.g., return permit issued automatically revokes TEO; if TEO is later nullified, the return permit is also retrospectively void)"],"plain_english_summary":"This law lets the Home Affairs Minister issue secret “temporary exclusion orders” banning Australian citizens aged 14+ who are outside Australia from returning for up to two years (renewable), without prior notice or ordinary procedural fairness. \n\nReturn depends on a tightly conditioned “return permit” (reporting, movement and contact rules, possible passport surrender); breaches and unlawful entry carry criminal penalties. Independent review is limited, secret, and narrow; judicial review is barred. Annual reporting to Parliament is required but can be withheld for national security."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act operates within the purpose stated in its simplified outline — to prevent certain persons outside Australia from returning where their return would increase terrorism risk, and to provide a permitting mechanism to manage return on conditions (ss10,15). The text does not introduce powers or subject matter beyond that framework. There is no indication in this version that the statutory scope has grown significantly beyond the original purpose as expressed in the Act itself; the Act continues to set out the same exclusion, permitting, review and reporting architecture. (If there have been external amendments or subsequent instruments not shown here, those would need separate comparison.)"},"complexity_factors":["Multiple cross‑references to other statutes (Criminal Code, ASIO Act 1979, Australian Passports Act 2005, ADJR 1977) increasing interpretive dependencies (see s4, ss10(2), 28–29, 27).","Nested conditional logic across Part 2 (especially ss10–16): eligibility, mandatory vs discretionary permits, pre‑entry and post‑entry conditions, and age‑specific rules (14+ and 14–17 exceptions).","Limited but precise scope of Reviewing Authority review (s14): ex‑post review conducted in the absence of the affected person, focused on specified legal errors rather than merits.","Delegation carve‑outs (s25(2)) requiring certain core decisions to remain with the Minister, while other powers are delegable—adds administrative complexity.","Secrecy and non‑disclosure provisions (s14(3), s24) which affect how material flows to the reviewer and limit transparency.","Offences with extended geographical jurisdiction and evidential burdens referencing the Criminal Code (ss9(3),21(3), notes referencing ss13.3 and 15.1/15.2 of the Criminal Code) complicate enforcement analysis.","Detailed lists of permissible permit conditions (s16(9)–(10)) and associated requirements (s16(3)–(8)) create multiple decision points and proportionality assessments.","Redundancy and repetition in the Act text (several provisions restated), which increases the textual bulk to read and cross‑check.","Severability and fallback drafting (s30) that alters the temporal operation of orders if the review provision is invalid, adding alternate interpretive paths.","Annual reporting requirements with security carve‑outs (s31) creating conditional public disclosure obligations."],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives the Commonwealth Minister power to issue a Temporary Exclusion Order (TEO) that prevents an Australian citizen who is outside Australia from entering Australia for up to 2 years (s10(6)(d), s10(1)).\n- Requires the Minister to refer every TEO decision to an independent Reviewing Authority (appointed by the Attorney‑General) for an ex‑post review; if the reviewer finds certain legal errors, the TEO is treated as never having been made (ss14(1)–(9)).\n- Where a TEO is in force, the Minister must issue a Return Permit if the person applies for it or is being deported/extradited to Australia; the Minister may also issue permits at their discretion (ss15(1)–(2)).\n- Return Permits may contain pre‑entry and post‑entry conditions (for example: timing and manner of entry; residence, employment or education notifications; surrender or restriction of Australian travel documents; limits on telecommunications use) and last at most 12 months after the person enters Australia (ss16(9)–(10), s15(4)(c), s19).\n- Criminal offences and penalties are created for: entering Australia while a TEO is in force (2 years imprisonment) (s8); carriers or masters who knowingly convey persons subject to a TEO or who breach a Return Permit (2 years) (ss9, 21); failing to comply with Return Permit conditions (2 years) (s20); and providing false or misleading documents in compliance with a Return Permit condition (2 years) (s22).\n- The Minister retains broad discretion to make, vary or revoke TEOs and Return Permits; certain core powers cannot be delegated (s25(2)). The Minister is not required to observe procedural fairness when exercising powers under the Act (s26) and the usual ADJR 1977 judicial‑review mechanism does not apply to decisions under the Act (s27).\n- The Act requires an annual report on its operation, with specified statistics, but allows withholding of information that would prejudice national security (s31).\n\nWho it affects\n\n- Primary subjects: Australian citizens aged 14 and over who are located outside Australia and who the Minister reasonably suspects meet the statutory criteria (s10(1)–(2)). Minors aged 14–17 are included but the Minister must consider their best interests as a primary consideration alongside community protection (ss10(3)–(5); 16(5)–(7)).\n- Service providers: owners, operators, masters or pilots of vessels and aircraft can be criminally liable if they knowingly carry a person subject to a TEO or in breach of Return Permit conditions (ss9, 21).\n- Decision‑makers and reviewers: the Minister (decision maker), the Attorney‑General (appoints reviewers), and Reviewing Authorities (former judges or senior tribunal members) (s23).\n\nWhy it matters (stated purpose and how it operates in practice)\n\n- Stated purpose: the Act is intended to protect the community from terrorism by preventing certain Australian citizens outside Australia from returning where their return would increase terrorism risk; it also provides a limited mechanism for those persons to return under conditions (Simplified outline, ss10, 15, 16).\n\n- How the mechanism implements that purpose: the Minister can exclude a person where there are reasonable grounds that exclusion would substantially assist in preventing terrorist acts or related conduct, or where ASIO has assessed the person as a risk related to politically motivated violence (s10(2)). If returning is permitted, the Return Permit is the instrument that lets the government manage and condition the person’s re‑entry (ss15–16).\n\nTrade‑offs, incentives and key implementation features to note\n\n- Concentrated decision power and limited procedural safeguards: core powers sit with the Minister (ss10, 11, 15–17); the Act explicitly excludes procedural fairness and the ADJR 1977 (ss26–27). The ministerial decision is reviewed only after it is made and by a Reviewing Authority who conducts the review without notifying or hearing from the affected person (s14(4)–(6)). The review is limited in scope: it looks for specified legal errors (improper exercise, fraud, or lack of material to meet the statutory suspicion standard) rather than a merits reconsideration (s14(4)–(5)). If those errors are found the TEO is treated as never made (s14(7)). This structure concentrates discretion and provides a narrow, ex‑post legal check.\n- Enforcement and compliance burdens on individuals and carriers: excluded persons are criminalised for entering Australia while a TEO is in force (s8); carriers and masters face criminal exposure if they knowingly convey someone subject to a TEO or to a Return Permit condition breach (ss9, 21). Return Permits can impose reporting and movement restrictions and passport‑related conditions (s16(9)–(10), s29), which create ongoing compliance obligations on the individual and administrative work for the Department.\n- Safeguards for minors are limited and conditional: minors aged 14–17 are included in the scheme but the Minister must regard best interests as a primary consideration and family/education/health factors where known (ss10(3)–(5), 16(5)–(7)). In practice those considerations operate alongside community protection being the paramount consideration (ss10(3)(a),16(5)(a)), creating a structured but potentially contested balancing exercise.\n- Secrecy and national security carve‑outs: the Minister may withhold material from the Reviewing Authority on public interest grounds (s14(3)); the Reviewing Authority is criminalised for unauthorised disclosure of material (s24). The annual report requirement allows withholding security‑sensitive items to the Parliamentary Joint Committee on Intelligence and Security (s31(3)). These provisions reduce public transparency of individual decisions and material.\n- Limited delegation and ministerial accountability: the Minister may delegate many functions, but not core decisions (making/revoking TEOs and issuing/conditioning Return Permits) (s25(1)–(2)). The statute keeps key decisions personally with the Minister while permitting administrative handling of other tasks.\n- Cross‑statutory interactions and enforcement reach: the Act cross‑references the Criminal Code, ASIO Act and Passports Act for definitions, jurisdictional reach, and passport consequences (s4; ss10(2),28,29). Offences include extended geographical jurisdiction clauses for carriers (ss9(3),21(3)) and for non‑compliance with permits (s20(2)), which can extend enforcement beyond Australia in specified circumstances.\n\nCosts, risks and likely operational frictions\n\n- Administrative cost and recordkeeping: the Department must track TEOs, Return Permits, conditions, serve permits personally where practicable, and compile an annual report with specified breakdowns (ss15(5),31).\n- Risk of persons stranded abroad or placed in peril: pre‑entry conditions that delay or prevent entry (s16(9)(a)) must be considered against whether the person has legal status elsewhere or would face mistreatment (s16(8)). The Minister must consider those factors before imposing entry‑denial conditions, but the decision remains discretionary and fact‑sensitive.\n- Legal challenge and constitutional risk: the statutory exclusion of procedural fairness and ADJR review increases the risk of constitutional or procedural‑fairness challenges in courts. The Act contains a severability clause that provides an alternate mechanism if s14 is held invalid (s30).\n- Concentrated benefits and dispersed costs: benefits (reduced risk of terrorist‑related harms) accrue to the public at large and security agencies; costs (restriction of movement, criminal liability risk, compliance burden) are concentrated on affected individuals and on carriers/operators who might inadvertently transport such persons.\n\nShort practical summary for an affected person or carrier\n\n- If you are an Australian citizen outside Australia: the Minister can issue a TEO preventing your return for up to 2 years (s10). If a TEO applies, you can apply for a Return Permit to re‑enter (s15). That permit can come with detailed reporting obligations and travel restrictions; failing to comply can attract criminal penalties (ss16,20,22).\n- If you operate aircraft or vessels: you must not knowingly permit carriage of a person who is the subject of a TEO or who would be entering in breach of a Return Permit condition, or you may be criminally liable (ss9,21).\n\nSource claim vs effect: the Act claims to \"protect the community from terrorism\" by excluding or conditioning returns (Simplified outline, ss10,15). Mechanically, it does so by concentrating discretionary exclusion powers in the Minister, permitting conditional entry under Return Permits, criminalising breaches, and limiting procedural and judicial oversight (key sections: ss10–18, 20–22, 24, 26–27). Those mechanisms trade off legal contestability and transparency for speed and centralized control; they create administrative and compliance burdens for affected individuals and operational obligations for carriers, while placing oversight into an ex‑post, legally limited review by an appointed reviewer (s14)."},"kimi_summary":{"_metrics":{"completionTokens":640},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: creating a framework for temporary exclusion orders and return permits for terrorism-related matters. No significant scope creep is evident in the provided text."},"complexity_factors":["Multiple cross-references to other Acts (Criminal Code, ASIO Act, Australian Passports Act, Crimes Act)","Nested conditions and exceptions throughout (e.g., TEO criteria in s.10(2), permit conditions in s.16)","Bifurcated commencement mechanism for TEOs (urgent vs non-urgent) with different legal consequences","14 distinct 'improper exercise of power' grounds in s.14(5)","Extensive delegated legislation framework with specific exclusions (s.25)","Severability clause (s.30) that rewrites other provisions if s.14 is invalid","Detailed application requirements that differ based on whether person is inside or outside Australia (s.18)","Interaction provisions clarifying relationship with multiple other statutes (ss.28-29)"],"plain_english_summary":"This Act allows the Australian Government to ban Australian citizens from returning to Australia if they are suspected of being involved in terrorism.\n\n**Who it affects:**\n- Australian citizens aged 14 or older who are overseas and suspected of terrorism-related activities\n- Airlines, shipping companies, and their staff who might transport these people\n- Families and guardians of affected young people (14–17 years old)\n\n**What it does:**\n\n**Temporary Exclusion Orders (TEOs)**\nThe Minister for Home Affairs can issue an order preventing an Australian citizen from entering Australia for up to 2 years. This can happen if:\n- The Minister reasonably suspects the order would help prevent a terrorist act, terrorist training, or support for terrorism; OR\n- ASIO has assessed the person as a security risk due to politically motivated violence\n\nFor young people aged 14–17, the Minister must consider both community protection (paramount) and the child's best interests (primary).\n\n**Return Permits**\nIf someone has a TEO, they can apply for a permit to return. The Minister must issue this permit if the person is being deported or extradited, or may issue it if \"appropriate.\" The permit can include strict conditions like:\n- When and how they must enter Australia\n- Reporting their address, job, and education details\n- Reporting any contact with specified people\n- Reporting technology use\n- Surrendering their passport\n\n**Key safeguards and concerns:**\n- A former judge or senior legal figure reviews each TEO decision, but **the affected person is not told about the review and cannot participate**\n- The Minister does **not** need to follow procedural fairness (no hearing, no right to respond)\n- Decisions cannot be reviewed under the Administrative Decisions (Judicial Review) Act\n- Breaching permit conditions is a criminal offence (2 years imprisonment)\n- The Minister must report annually to Parliament on how the Act is used"}},"importantCases":[],"_links":{"self":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019","history":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019/history","analysis":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019/analysis","conflicts":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019/conflicts","importantCases":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019/important-cases","documents":"/api/acts/counter-terrorism-temporary-exclusion-orders-act-2019/documents"}}