Document ID: chunk:federal_register_of_legislation:C2024C00622:section:15:p1
Version: federal_register_of_legislation:C2024C00622
Segment Type: section
Provision Reference: s 15 (pt 1/2)
Character Range: 11778–14604

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 International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
 (2) In this section:
competent authority, in relation to a circumstance mentioned in subsection (1), means:
 (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or
 (b) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or
 (c) an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or
 (d) 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; or
 (e) 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
 (f) any person specified in a Minister's determination as a competent authority in relation to the circumstance.
Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 ([1968] ATS 3) and could in 2015 be viewed in the Australian Treaties Library