57GIABenefit restriction notice from AFP Minister

#### 57GIA Benefit restriction notice from AFP Minister (1) The AFP Minister may give the Minister a written notice requiring that this Division apply in relation to a specified individual if: (a) the individual is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and (b) the individual has not been arrested under the warrant; and (c) a cancellation request for the individual has been made as mentioned in subsection (2). Cancellation requests (2) For the purposes of paragraph (1)(c), a cancellation request has been made for the individual if a request to cancel the individual’s family assistance (however expressed) has been made, in writing: (a) by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and (b) to any of the following: (i) the AFP Minister; (ii) the Minister; (iii) the Minister administering the Human Services (Centrelink) Act 1997; (iv) the Department; (v) the Human Services Department. Notice may recommend payments to payment nominee (3) A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act. Considerations for giving a notice (4) Before giving a notice under this section, the AFP Minister must have regard to the following: (a) the extent to which the individual is likely to be a threat or danger to the community while the individual is not arrested under the warrant; (b) the likely effect of the operation of section 57GI on the individual’s dependants, if the AFP Minister is aware of those dependants. (5) The Secretary of the Department administered by the AFP Minister must: (a) seek the advice of the Human Services Secretary in relation to paragraph (4)(b); and (b) inform the AFP Minister of that advice. (6) Subsection (4) does not limit the matters to which regard may be had.