Document ID: chunk:federal_register_of_legislation:C2024C00576:section:10:p1
Version: federal_register_of_legislation:C2024C00576
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 8745–11441

10  Making a temporary exclusion order
 (1) 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:
 (a) the person is located outside Australia; and
 (b) the person is an Australian citizen; and
 (c) the person is at least 14 years of age; and
 (d) a return permit is not in force in relation to the person.
 (2) The Minister must not make a temporary exclusion order in relation to a person unless either:
 (a) the Minister suspects on reasonable grounds that making the order would substantially assist in one or more of the following:
 (i) preventing a terrorist act;
 (ii) preventing training from being provided to, received from or participated in with a listed terrorist organisation;
 (iii) preventing the provision of support for, or the facilitation of, a terrorist act;
 (iv) 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; or
 (b) 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).
 (3) 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:
 (a) the protection of the community as the paramount consideration; and
 (b) the best interests of the person as a primary consideration.
 (4) 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:
 (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;
 (b) the physical and mental health of the person;
 (c) the benefit to the person of having a meaningful relationship with his or her family and friends;
 (d) the right of the person to receive an education;
 (e) the right of the person to practise his or her religion;
 (f) any other matter the Minister considers relevant.
 (5) The Minister must take into account the matters in subsection (4):
 (a) only to the extent that the matters are known to the Minister; and
 (b) only to the extent that the matters are relevant.
 (6) If the Minister makes a temporary exclusion order, the order must:
 (a) be in writing; and
 (b) specify the name of the person to whom the order relates; and
 (c) state that the criteria in