Document ID: chunk:federal_register_of_legislation:C2024C00528:section:13:p1
Version: federal_register_of_legislation:C2024C00528
Segment Type: section
Provision Reference: s 13 (pt 1/2)
Character Range: 21210–23912

13  Reasons relating to international law enforcement cooperation
 (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, in connection with a serious foreign offence, 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; or
 (c) if an Australian travel document were issued to a person, it is likely that proceedings (of any kind) under a law of a foreign country in relation to a serious foreign offence that the person committed, or is alleged to have committed, would be compromised;
the competent authority may make a refusal/cancellation request in relation to the person.
Note: See also Subdivision D.
 (2) If a competent authority makes a request under subsection (1), the Minister may refuse to issue an Australian travel document to the person.
 (3) In this section:
competent authority, in relation to a circumstance mentioned in paragraph (1)(a), (b) or (c), means:
 (a) an officer within the meaning of paragraph (a), (b) or (c) of the definition of officer in subsection 6(1); 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) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) 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 or document issued for the purposes of travel; and
 (c) not permitted to apply for a passport or document issued for the purposes of travel; and
 (d) not permitted to obtain a passport or document issued for the purposes of travel.
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