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Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014

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7599

2013-2014

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014

 

 

(These amendments will only be considered if amendment (19) on sheet 7594 is not agreed to.)

(1)     Schedule 2, item 2, page 110 (after line 21), at the end of section 57GJ, add:

             (3)  In deciding whether to give a notice under this section in relation to an individual, the Attorney-General must have regard to the following matters:

                     (a)  whether there are reasonable grounds to suspect that the individual is or will be directly involved in activities which are prejudicial to security;

                     (b)  whether there are reasonable grounds to suspect that the individual’s family assistance payments are being or will be used to support those activities;

                     (c)  the necessity and likely effectiveness of cancelling the individual’s family assistance payments in addressing the prejudicial risk, having regard to the availability of alternative responses;

                     (d)  the likelihood that the prejudicial risk of the individual to security may be increased as a result of issuing the security notice.

[stopping welfare payments]

(2)     Schedule 2, item 2, page 110 (before line 22), before section 57GK, insert:

57GJA  Review of decision to give security notice

             (1)  An application may be made to the Administrative Appeals Tribunal for review of a decision to give a notice under section 57GJ.

             (2)  A review of a decision to give a notice under section 57GJ must be conducted by the Security Appeals Division of the Administrative Appeals Tribunal.

             (3)  Section 39A of the Administrative Appeals Tribunal Act 1975 applies to a review of a decision to give a notice under section 57GJ of this Act as if:

                     (a)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to a security assessment were a reference to the notice; and

                     (b)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to the Director-General of Security were a reference to the Attorney-General.

[merits review of decision to stop welfare payments]

(3)     Schedule 2, item 4, page 114 (line 31), before “The”, insert “(1)”.

[stopping welfare payments]

(4)     Schedule 2, item 4, page 115 (after line 4), at the end of section 278C, add:

             (2)  In deciding whether to give a notice under this section in relation to a person, the Attorney-General must have regard to the following matters:

                     (a)  whether there are reasonable grounds to suspect that the person is or will be directly involved in activities which are prejudicial to security;

                     (b)  whether there are reasonable grounds to suspect that the person’s parental leave pay or dad and partner pay are being or will be used to support those activities;

                     (c)  the necessity and likely effectiveness of cancelling the person’s parental leave pay or dad and partner pay in addressing the prejudicial risk, having regard to the availability of alternative responses;

                     (d)  the likelihood that the prejudicial risk of the person to security may be increased as a result of issuing the security notice.

[stopping welfare payments]

(5)     Schedule 2, item 4, page 115 (before line 5), before section 278D, insert:

278CA  Review of decision to give security notice

             (1)  An application may be made to the Administrative Appeals Tribunal for review of a decision to give a notice under section 278C.

             (2)  A review of a decision to give a notice under section 278C must be conducted by the Security Appeals Division of the Administrative Appeals Tribunal.

             (3)  Section 39A of the Administrative Appeals Tribunal Act 1975 applies to a review of a decision to give a notice under section 278C of this Act as if:

                     (a)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to a security assessment were a reference to the notice; and

                     (b)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to the Director-General of Security were a reference to the Attorney-General.

[merits review of decision to stop welfare payments]

(6)     Schedule 2, item 6, page 118 (line 25), before “The”, insert “(1)”.

[stopping welfare payments]

(7)     Schedule 2, item 6, page 118 (after line 30), at the end of section 38N, add:

             (2)  In deciding whether to give a notice under this section in relation to a person, the Attorney-General must have regard to the following matters:

                     (a)  whether there are reasonable grounds to suspect that the person is or will be directly involved in activities which are prejudicial to security;

                     (b)  whether there are reasonable grounds to suspect that the person’s social security payments are being or will be used to support those activities;

                     (c)  the necessity and likely effectiveness of cancelling the person’s social security payments in addressing the prejudicial risk, having regard to the availability of alternative responses;

                     (d)  the likelihood that the prejudicial risk of the person to security may be increased as a result of issuing the security notice.

[stopping welfare payments]

(8)     Schedule 2, item 6, page 118 (before line 31), before section 38P, insert:

38NA  Review of decision to give security notice

             (1)  An application may be made to the Administrative Appeals Tribunal for review of a decision to give a notice under section 38N.

             (2)  A review of a decision to give a notice under section 38N must be conducted by the Security Appeals Division of the Administrative Appeals Tribunal.

             (3)  Section 39A of the Administrative Appeals Tribunal Act 1975 applies to a review of a decision to give a notice under section 38N of this Act as if:

                     (a)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to a security assessment were a reference to the notice; and

                     (b)  a reference in section 39A of the Administrative Appeals Tribunal Act 1975 to the Director-General of Security were a reference to the Attorney-General.

[merits review of decision to stop welfare payments]

(9)     Schedule 2, Part 2, page 122 (lines 1 to 16), to be opposed .

[reasons for decision to stop welfare payments]