Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:2_38n
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 2 cl 38N
Character Range: 196195–197333

38N  Security notice from Attorney‑General
 (1) The Attorney‑General may give the Minister a written notice requiring that this Part apply in relation to a specified person if:
 (a) the Foreign Affairs Minister gives the Attorney‑General a notice under section 38P in relation to the person; or
 (b) the Immigration Minister gives the Attorney‑General a notice under section 38Q in relation to the person.
 (2) Before giving a notice under this section, the Attorney‑General must have regard to the following:
 (a) 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 Attorney‑General is aware of that extent;
 (b) the likely effect of the operation of section 38M on the person's dependants, if the Attorney‑General is aware of those dependants.
 (3) The Attorney‑General's Secretary must:
 (a) seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and
 (b) inform the Attorney‑General of that advice.
 (4) Subsection (2) does not limit the matters to which regard may be had.