Document ID: chunk:federal_register_of_legislation:C2004A00843:clause:6_72l
Version: federal_register_of_legislation:C2004A00843
Segment Type: clause
Provision Reference: sch 6 cl 72L
Character Range: 40913–42208

72L  When Registrar must issue departure authorisation certificate

 (1) This section applies if a person makes an application under section 72K for a departure authorisation certificate.

 (2) The Registrar must issue the departure authorisation certificate if the Registrar is satisfied:
 (a) that, if the certificate is issued:
 (i) it is likely that the person will depart from Australia and return to Australia within a period that the Registrar considers appropriate; and
 (ii) it is likely that, within a period that the Registrar considers appropriate, the Registrar will be required by subsection 72I(1) to revoke the departure prohibition order in respect of the person; and
 (b) that it is not necessary for the person to give security under section 72M for the person's return to Australia.

 (3) If the Registrar is not satisfied as mentioned in subsection (2), the Registrar must nevertheless issue the departure authorisation certificate if:
 (a) the person has given security under section 72M for the person's return to Australia; or
 (b) if the person is unable to give such security, the Registrar is satisfied:
 (i) that the certificate should be issued on humanitarian grounds; or
 (ii) that refusing to issue the certificate will be detrimental to Australia's interests.