Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:1_14
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 8619–11187

14  Request relating to international law enforcement co‑operation

 (1) If a competent authority believes on reasonable grounds that:
 (a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or
 (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:
 (i) an order of a court of a foreign country; or
 (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or
 (iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.
the competent authority may request the Minister to make an order under section 16 in relation to the person's foreign travel documents.

 (2) In this section:

competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:
 (a) an approved representative; or
 (b) an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or
 (c) an agency (within the meaning of the Financial Management and Accountability Act 1997) that is specified in a Minister's determination as a competent authority in relation to the circumstance.

prevented from travelling internationally includes:
 (a) required to remain in the foreign country concerned; and
 (b) required to surrender a passport; and
 (c) not permitted to apply for a passport; and
 (d) not permitted to obtain a passport.

serious foreign offence means an offence against the law of a foreign country:
 (a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or
 (b) if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or
 (c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or
 (d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister's determination made for the purposes of subparagraph 15(1)(a)(v).