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Part 1—Preliminary

Part 1 Preliminary

   

1   Short title

                   This Act is the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Simplified outline of this Act

The Minister may make an order (called a temporary exclusion order) that prevents a person from entering Australia for a specified period, which may be up to 2 years. An order cannot be made unless certain conditions are met, and it can be revoked.

If the person is being deported to Australia or makes an application, the Minister must give the person a permit (called a return permit) that allows the person to enter Australia. The Minister may give a person a permit if satisfied it is appropriate to do so. The permit may contain conditions, such as specifying the period within which and the way in which the person must enter Australia, and requiring the person to give notice of specified things, such as the person’s principal place of residence or place of employment while in Australia. Conditions cannot be imposed unless the Minister is satisfied of specified matters. Conditions can be imposed for a maximum period of 12 months.

A return permit can be varied or revoked.

It is an offence to fail to comply with any conditions contained in a return permit, and to give false or misleading information or documents in purported compliance with such conditions.

4   Definitions

                   In this Act:

Australian travel document has the meaning given by the Australian Passports Act 2005 .

listed terrorist organisation has the meaning given by subsection 100.1(1) of the Criminal Code .

return permit means a permit given under subsection 12(1) or 12(2).

rules means the rules made under section 19.

temporary exclusion order means an order made under subsection 10(1).

terrorist act has the meaning given by section 100.1 of the Criminal Code .

5   Act extends to external Territories

                   This Act extends to every external Territory.

6   Act extends to things outside Australia

                   This Act extends to acts, omissions, matters and things outside Australia.

7   Act binds the Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.