Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:1_16
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 13701–16132

16  Demand for foreign travel document if authorised by Minister

 (1) If a competent authority makes a request under section 13, 14 or 15 in relation to a person, the Minister may order the surrender of the person's foreign travel documents.

 (2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the person's foreign travel documents.

 (3) If the person does not immediately surrender the person's foreign travel documents, the officer may:
 (a) seize the person's foreign travel documents; and
 (b) seize any foreign travel document of the person that is not in the possession or control of any person.

 (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.

 (5) A person commits an offence if:
 (a) an enforcement officer demands under subsection (2) that the person surrender the person's foreign travel documents; and
 (b) the officer informs the person that the Minister has ordered the surrender of the person's foreign travel documents and that the officer is authorised to make the demand; and
 (c) the officer informs the person that it may be an offence not to comply with the demand; and
 (d) the person has possession or control of one or more of the person's foreign travel documents; and
 (e) the person fails to surrender those documents to the officer immediately.

Penalty: Imprisonment for 1 year or 20 penalty units, or both.

 (6) A foreign travel document obtained by an enforcement officer under this section may be retained for so long as there is a competent authority who:
 (a) believes on reasonable grounds that a circumstance mentioned in section 13 or 14 applies in relation to the person; or
 (b) suspects on reasonable grounds that a circumstance mentioned in section 15 applies in relation to the person.

 (7) Despite subsection (6), a foreign travel document must be returned to the person to whom it was issued if, on review by the Administrative Appeals Tribunal:
 (a) the Tribunal sets aside the decision of the Minister to order the surrender of the document; and
 (b) either:
 (i) the Tribunal substitutes a decision not to order the surrender of the document; or
 (ii) the Tribunal remits the matter for reconsideration and, on that reconsideration, the Minister decides not to order the surrender of the document.