Social Security Act 1991

The AFP Minister may give the Minister a written notice requiring that this Part apply in relation to a specified person if:

the person is the subject of an arrest warrant issued in Australia in respect of a serious violent or sexual offence (within the meaning of Division 395 of the Criminal Code); and

the person has not been arrested under the warrant; and

a cancellation request for the person has been made as mentioned in subsection (2).

For the purposes of paragraph (1)(c), a cancellation request has been made for the person if a request to cancel the person’s social security payments or concession card (however expressed) has been made, in writing:

by a senior AFP member or a member of a State or Territory police force whose rank is equivalent to the rank of a senior AFP member; and

to any of the following:

the AFP Minister;

the Minister;

the Minister administering the Human Services (Centrelink) Act 1997;

the Department;

the Human Services Department.

Before giving a notice under this section, the AFP Minister must have regard to the following:

the extent to which the person is likely to be a threat or danger to the community while the person is not arrested under the warrant;

the likely effect of the operation of section 38M on the person’s dependants, if the AFP Minister is aware of those dependants.

The Secretary of the Department administered by the AFP Minister must:

seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

inform the AFP Minister of that advice.

Subsection (3) does not limit the matters to which regard may be had.