Document ID: chunk:federal_register_of_legislation:C2019A00003:clause:6_198g
Version: federal_register_of_legislation:C2019A00003
Segment Type: clause
Provision Reference: sch 6 cl 198G
Character Range: 24449–26566

198G  Minister's approval to bring members of family unit etc. to Australia
 (1) An officer must inform the Minister as soon as practicable if the officer has knowledge or reasonable suspicion in relation to a person as mentioned in subsection 198C(3), (4) or (5).
 (2) After being informed by an officer under subsection (1), 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 informed; and
 (b) no later than 72 hours after being informed.
 (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 informed 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) In deciding whether to approve or refuse to approve the person's transfer, the Minister must have regard to the best interests of the relevant transferee or minor mentioned in the applicable subsection of section 198C.
 (6) The regulations may prescribe processes to be complied with in relation to the exercise of the Minister's powers under this section.