Document ID: chunk:federal_register_of_legislation:C2024C00576:section:16:p1
Version: federal_register_of_legislation:C2024C00576
Segment Type: section
Provision Reference: s 16 (pt 1/3)
Character Range: 23813–26512

16  Conditions on a return permit
 (1) The Minister may impose one or more conditions mentioned in either or both of subsections (9) and (10) on a return permit.
 (2) A condition may be imposed at the time the return permit is issued, or at a later time.

Requirements relating to imposing conditions
 (3) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must be satisfied that the imposition of the condition and (if more than one condition is imposed) the conditions taken together are reasonably necessary, and reasonably appropriate and adapted, for the purpose of one or more of the following:
 (a) preventing a terrorist act;
 (b) preventing training from being provided to, received from or participated in with a listed terrorist organisation;
 (c) preventing the provision of support for, or the facilitation of, a terrorist act;
 (d) 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.
 (4) Before the Minister imposes a condition mentioned in subsection (9) or (10) on a return permit, the Minister must have regard to the impact of imposing the condition (including the impact of all of the conditions that will be imposed on the permit taken together if the condition were imposed) on the person's personal circumstances, particularly the impact on any dependants of the person who are aged under 18 years.
 (5) If the person to whom the return permit relates is 14 to 17 years of age, the Minister must have regard to the following matters before the Minister imposes a condition mentioned in subsection (9) or (10) on the permit:
 (a) the protection of the community as the paramount consideration;
 (b) the best interests of the person as a primary consideration.
 (6) In determining what is in the best interests of a person for the purposes of paragraph (5)(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.
 (7) The Minister must take into account the matters in subsection (6):
 (a) only to the extent that the matters are known to the Minister; and
 (b) only to the extent that the matters