Document ID: chunk:federal_register_of_legislation:C2019A00003:clause:6_198e:p1
Version: federal_register_of_legislation:C2019A00003
Segment Type: clause
Provision Reference: sch 6 cl 198E (pt 1/2)
Character Range: 18096–20910

198E  Minister's approval to bring relevant transitory persons to Australia
 (1) If 2 or more treating doctors for a transitory person who is in a regional processing country have notified the Secretary that the person is a relevant transitory person, the Secretary must notify the Minister as soon as practicable.
 (2) A transitory person is a relevant transitory person if:
 (a) the person:
 (i) is in a regional processing country on the day this section commences; or
 (ii) is born in a regional processing country; and
 (b) in the opinion of a treating doctor for the person:
 (i) the person requires medical or psychiatric assessment or treatment; and
 (ii) the person is not receiving appropriate medical or psychiatric assessment or treatment in the regional processing country; and
 (iii) it is necessary to remove the person from a regional processing country for appropriate medical or psychiatric assessment or treatment.
 (3) After being notified by the Secretary that a person is a relevant transitory person, the Minister must approve, or refuse to approve, the person's transfer to Australia.
 (3A) The Minister must make a decision under subsection (3):
 (a) as soon as practicable after being notified; and
 (b) no later than 72 hours after being notified.
 (4) The Minister must approve the person's transfer to Australia unless:
 (a) the Minister reasonably believes that it is not necessary to remove the person from a regional processing country for appropriate medical or psychiatric assessment or treatment; or
 (b) the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979, including because an adverse security assessment in respect of the person is in force under that Act; or
 (c) the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.
 (4A) Within 72 hours of the Minister being notified under subsection (1), ASIO should advise the Minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated.
 (5) If the Minister does not make a decision under subsection (3) within the time required by subsection (3A), the Minister is, at the end of the time, taken to have approved the person's transfer under subsection (3).
 (6) The Minister's powers under this section may only be exercised by