Commonwealth Consolidated Acts

AUSTRALIAN PASSPORTS ACT 2005 - SECT 48A

Application

  (1)   This section sets out when the Minister is not required to notify a person of a decision by the Minister to do either of the following because of a refusal/cancellation request made under subsection   14(1):

  (a)   refuse to issue an Australian travel document to the person;

  (b)   cancel an Australian travel document issued to the person.

Note:   This section applies to a delegate of the Minister in the same way as it applies to the Minister: see paragraph   34AB(1)(c) of the Acts Interpretation Act 1901 .

Request by ASIO

  (2)   The Minister is not required to notify the person if:

  (a)   the request was made by ASIO or the Director - General of Security; and

  (b)   there is in force a certificate under paragraph   38(2)(a) of the Australian Security Intelligence Organisation Act 1979 relating to notice to the person of the making of the security assessment that constituted the request.

Request by Australian Federal Police

  (3)   The Minister is not required to notify the person if:

  (a)   the request was made by a member or a special member of the Australian Federal Police; and

  (b)   there is in force a certificate under subsection   (4).

  (4)   If the Minister administering the Australian Federal Police Act 1979 is satisfied that notifying the person of the decision would adversely affect a current investigation of any of the following offences, that Minister may, by signed writing, certify accordingly:

  (a)   an offence against Subdivision A of Division   72 of the Criminal Code ;

  (b)   an offence against Subdivision B of Division   80 of the Criminal Code ;

  (c)   an offence against Part   5.3 or 5.5 of the Criminal Code ;

  (d)   an offence against either of the following provisions of the Charter of the United Nations Act 1945 :

  (i)   Part   4 of that Act;

  (ii)   Part   5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions--Al - Qaida) Regulations   2008 .

  (5)   A certificate under subsection   (4) is not a legislative instrument.

  (6)   If the Minister administering the Australian Federal Police Act 1979 issues a certificate under subsection   (4) or revokes a certificate under that subsection, he or she must give a copy of the certificate or revocation to the Minister administering this Act.

  (6A)   Before the end of the following periods, the Minister administering the Australian Federal Police Act 1979 must consider whether to revoke a certificate under subsection   (4) (if the certificate remains in force):

  (a)   12 months after it was issued;

  (b)   12 months after that Minister last considered whether to revoke it.

Overriding the Administrative Appeals Tribunal Act 1975

  (7)   This section has effect despite section   27A of the Administrative Appeals Tribunal Act 1975 .

Note:   If subsection   (2) or (3) ceases to apply because a certificate mentioned in that subsection ceases to be in force, section   27A of the Administrative Appeals Tribunal Act 1975 (about notification) will apply in relation to the decision (unless the other of those subsections still applies).