Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:1_15
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 11187–13701

15  Request relating to potential for harmful conduct

 (1) If a competent authority suspects on reasonable grounds that:
 (a) unless a person's foreign travel documents are surrendered, the person would be likely to engage in conduct that:
 (i) might prejudice the security of Australia or a foreign country; or
 (ii) might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or
 (iii) might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or
 (iv) might constitute an indictable offence against this Act; or
 (v) might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister's determination; and
 (b) the person should be required to surrender the person's foreign travel documents in order to prevent the person from engaging in the conduct;
the competent authority may request the Minister to make an order under section 16 in relation to the person's foreign travel documents.

Note: The text of the International Covenant on Civil and Political Rights is set out in Australian Treaty Series 1980 No. 23. In 2004 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department's world‑wide web site.

 (2) In this section:

competent authority:
 (a) in relation to a circumstance mentioned in subsection (1) that relates to Australia, means:
 (i) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister's determination as not being a competent authority in relation to the circumstance); or
 (ii) a person specified in a Minister's determination as a competent authority in relation to the circumstance; or
 (b) in relation to a circumstance mentioned in subsection (1) that relates to a foreign country, means:
 (i) an approved representative; or
 (ii) an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or
 (iii) 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.

Division 2—Demands for foreign travel documents