15Issuing a return permit

15 Issuing a return permit

When a return permit must be issued (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: (a) on application by, or on behalf of, the person; or (b) if the person is to be, or is being, deported or extradited to Australia.

Note: See section 18 for how an application for a return permit can be made.

When a return permit may be issued (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. Time for issuing a return permit (3) The return permit must be issued: (a) if the person applied for the permit under paragraph (1)(a)—within a reasonable period after the Minister received the application; or (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 (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. Form and contents of permit (4) A return permit must: (a) be in writing; and (b) specify the name of the person to whom the permit relates; and (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 (d) specify the conditions (if any) imposed on the permit; and (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 (f) set out the effect of the following sections: (i) sections 17 and 18 (about varying and revoking a return permit); (ii) section 20 (offence for failing to comply with conditions of permit); (iii) section 22 (offence for providing false or misleading information or documents); and (g) state that the person may have review rights in relation to the decision to issue the permit. Return permit to be served personally (5) The Minister must cause a copy of the return permit to be served personally: (a) on the person to whom it relates; and (b) if the person to whom the permit relates is 14 to 17 years of age—on a parent or guardian of the person. (6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.