3Simplified outline of this Act

3 Simplified outline of this Act

The 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.

The 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.

If 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.

The 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.

A return permit can remain in force for a maximum period of 12 months after the person to whom it applies enters Australia.

A return permit can be varied or revoked.

It 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.

The Minister must, each year, present a report to each House of the Parliament on the operation of this Act.