Social Security Act 1991

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

the Foreign Affairs Minister gives the ASIO Minister a notice under section 38P 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under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or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 notice under this section, the ASIO Minister must have regard to the following:

the extent (if any) that any social security payments of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the ASIO Minister is aware of that extent;

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

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

seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and

inform the ASIO Minister of that advice.

Subsection (2) does not limit the matters to which regard may be had.