Document ID: chunk:federal_register_of_legislation:C2019A00003:clause:6_198d
Version: federal_register_of_legislation:C2019A00003
Segment Type: clause
Provision Reference: sch 6 cl 198D
Character Range: 15791–18096

198D  Minister's approval to bring legacy minors to Australia
 (1) As soon as practicable after this section commences, the Secretary must:
 (a) identify each transitory person who, on the day this section commences, is both in a regional processing country and aged under 18 (a legacy minor); and
 (b) notify the Minister that each such person is a legacy minor.
 (2) After being notified that a person is a legacy minor, the Minister must approve, or refuse to approve, the person's transfer to Australia.
 (2A) The Minister must make a decision under subsection (2):
 (a) as soon as practicable after being notified; and
 (b) no later than 72 hours after being notified.
 (3) The Minister must approve the person's transfer to Australia unless:
 (a) 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
 (b) 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.
 (3A) 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.
 (4) For the purposes of subsection (3), the Minister must also have regard to the best interests of the person.
 (5) If the Minister does not make a decision under subsection (2) within the time required by subsection (2A), the Minister is, at the end of the time, taken to have approved the person's transfer under subsection (2).
 (6) The Minister's powers under this section may only be exercised by the Minister personally.
 (7) The regulations may prescribe processes to be complied with in relation to the exercise of the Minister's powers under this section.