Counter-Terrorism (Temporary Exclusion Orders) Act 2019

The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.

A condition may be imposed at the time the return permit is issued, or at a later time.

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:

preventing a terrorist act;

preventing training from being provided to, received from or participated in with a listed terrorist organisation or a state sponsor of terrorism;

preventing the provision of support for, or the facilitation of, a terrorist act;

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;

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.

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.

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:

the protection of the community as the paramount consideration;

the best interests of the person as a primary consideration.

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:

the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;

the physical and mental health of the person;

the benefit to the person of having a meaningful relationship with his or her family and friends;

the right of the person to receive an education;

the right of the person to practise his or her religion;

any other matter the Minister considers relevant.

The Minister must take into account the matters in subsection (6):

only to the extent that the matters are known to the Minister; and

only to the extent that the matters are relevant.

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):

whether the person has a lawful right to remain, or to enter and remain, in a country other than Australia during that period;

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.

The conditions in this subsection are as follows:

that the person must not enter Australia during a specified period, which must end no later than the earlier of:

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

12 months after the permit is issued to the person;

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;

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;

that the person enter Australia in a specified manner.

The conditions in this subsection are as follows:

that the person notify a specified person or body of the person’s principal place of residence in Australia;

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;

that the person notify a specified person or body of the person’s place of employment in Australia;

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;

that the person notify a specified person or body of the person’s place of education in Australia;

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;

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;

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;

that the person notify a specified person or body, within a specified period, if the person intends to leave, or leaves, Australia;

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:

notify a specified person or body of the use or access, or intended use or access;

provide a specified person or body with sufficient information to enable the specific telecommunications service, account or device to be identified;

that the person notify a specified person or body, within a specified period, if the person intends to apply for an Australian travel document;

if the person has an Australian travel document—that the person must surrender the document to a specified person or body;

that the person is not permitted to apply for an Australian travel document;

that the person is not permitted to obtain an Australian travel document.

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:

the manner in which the person or body is to be notified;

any documents or information that must be provided to the person or body to substantiate the relevant matter.