10Making a temporary exclusion order

10 Making a temporary exclusion order

(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: (a) the person is located outside Australia; and (b) the person is an Australian citizen; and (c) the person is at least 14 years of age; and (d) a return permit is not in force in relation to the person. (2) The Minister must not make a temporary exclusion order in relation to a person unless either: (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following: (i) preventing a terrorist act; (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism; (iii) preventing the provision of support for, or the facilitation of, a terrorist act; (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; (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 (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). (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: (a) the protection of the community as the paramount consideration; and (b) the best interests of the person as a primary consideration. (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: (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person; (b) the physical and mental health of the person; (c) the benefit to the person of having a meaningful relationship with his or her family and friends; (d) the right of the person to receive an education; (e) the right of the person to practise his or her religion; (f) any other matter the Minister considers relevant. (5) The Minister must take into account the matters in subsection (4): (a) only to the extent that the matters are known to the Minister; and (b) only to the extent that the matters are relevant. (6) If the Minister makes a temporary exclusion order, the order must: (a) be in writing; and (b) specify the name of the person to whom the order relates; and (c) state that the criteria in subsection (2) for the making of the order have been met; and (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 (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 (f) specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and (g) specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and (h) set out the effect of the following sections: (i) section 8 (offence to enter Australia if temporary exclusion order is in force); (ii) sections 11 and 12 (about revoking a temporary exclusion order); (iii) sections 15 and 18 (about return permits); and (i) state that the person may have review rights in relation to the decision to make the order. (7) Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person. (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: (a) to bring to the attention of the person the content of the order; and (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. (9) A temporary exclusion order is not a legislative instrument.