Whole Act
31 provisions in continuous reading order
Loading the complete Act…
This Act is the Counter‑Terrorism (Temporary Exclusion Orders) Act 2019.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | The day this Act receives the Royal Assent. | 30 July 2019 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version 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.
In this Act:
Australian travel document has the meaning given by the Australian Passports Act 2005.
listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code.
return permit means a permit issued under subsection 15(1) or (2).
reviewing authority means a person appointed under section 23.
state sponsor of terrorism has the same meaning as in the Criminal Code.
temporary exclusion order means an order made under subsection 10(1).
terrorist act has the same meaning as in the Crimes Act 1914.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
This Act binds the Crown in each of its capacities.
However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
A person commits an offence if:
a temporary exclusion order is in force in relation to the person; and
the person enters Australia.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person is:
an owner, charterer, lessee, operator, agent or master of a vessel; or
an owner, charterer, lessee, operator or pilot in charge of an aircraft; and
the person permits the vessel or aircraft to be used to convey another person (the second person) to Australia; and
the person knows that a temporary exclusion order is in force in relation to the second person.
Penalty: Imprisonment for 2 years.
Subsection (1) does not apply if the second person is being deported or extradited to Australia.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1) of this section.
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:
the person is located outside Australia; and
the person is an Australian citizen; and
the person is at least 14 years of age; and
a return permit is not in force in relation to the person.
The Minister must not make a temporary exclusion order in relation to a person unless either:
the Minister suspects on reasonable grounds that making the order would substantially assist in 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; or
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).
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:
the protection of the community as the paramount consideration; and
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 (3)(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 (4):
only to the extent that the matters are known to the Minister; and
only to the extent that the matters are relevant.
If the Minister makes a temporary exclusion order, the order must:
be in writing; and
specify the name of the person to whom the order relates; and
state that the criteria in subsection (2) for the making of the order have been met; and
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
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
specify whether the person to whom the order relates is permitted to apply for an Australian travel document; and
specify whether the person to whom the order relates is permitted to obtain an Australian travel document; and
set out the effect of the following sections:
section 8 (offence to enter Australia if temporary exclusion order is in force);
sections 11 and 12 (about revoking a temporary exclusion order);
sections 15 and 18 (about return permits); and
state that the person may have review rights in relation to the decision to make the order.
Paragraph (6)(d) does not prevent the making of another temporary exclusion order in relation to the same person.
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:
to bring to the attention of the person the content of the order; and
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.
A temporary exclusion order is not a legislative instrument.
The Minister may revoke a temporary exclusion order.
A temporary exclusion order may be revoked under subsection (1):
on the Minister’s own initiative; or
on application by, or on behalf of, the person to whom the order relates.
See section 12 for how an application to revoke a temporary exclusion order can be made.
As soon as practicable after revoking a temporary exclusion order under subsection (1), the Minister must cause such steps to be taken as are, in the opinion of the Minister, reasonable and practicable:
to bring to the attention of the person the revocation of the order; and
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 revocation of the order.
A revocation of a temporary exclusion order under subsection (1) takes effect when the Minister revokes the order.
A temporary exclusion order in relation to a person is taken to be revoked if a return permit is issued to the person. The revocation takes effect immediately after the return permit is issued.
This section does not prevent the making of another temporary exclusion order in relation to the same person.
An application for revocation of a temporary exclusion order may be made orally or in writing to:
the Minister; or
the Department.
The Minister may, in writing, authorise any person (whether in or outside Australia) to receive applications on behalf of the Minister or Department for the purposes of subsection (1).
The application must include:
the following information about the person to whom the temporary exclusion order relates:
the person’s full name;
the person’s date and place of birth;
the person’s contact details; and
a statement specifying the reasons why the person seeks to have the temporary exclusion order revoked.
However, if the person making the application does not have information required by subsection (3), the person must explain why in the application.
If the application is made on behalf of someone else, the person making the application must provide the following in the application:
the person’s full name;
the person’s contact details;
the person’s relationship to the person to whom the application relates;
a statement that the person to whom the application relates has consented to the person making the application on their behalf.
Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.