Security notice from the Home Affairs Minister
65 Security notice from the Home Affairs Minister
The Home Affairs Minister may give the Minister a written notice (a security notice) requiring that this Division apply in relation to a specified person if:
the Foreign Affairs Minister gives the Home Affairs Minister a notice under subsection 66(1) in relation to the person; or
the person’s visa is cancelled under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
the person’s visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or
the person’s visa is cancelled under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).
Before giving a security notice, the Home Affairs Minister must have regard to the extent (if any) that any payments to the person under the scheme have been or may be used for a purpose that might prejudice the security of Australia or a foreign country, if the Home Affairs Minister is aware of that extent.
Subsection (2) does not limit the matters to which regard may be had when giving a security notice.
A security notice is not a legislative instrument.
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