Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (116 of 2014)

Schedule 1   Main counter terrorism amendments

Part 1   Amendments

Foreign Passports (Law Enforcement and Securit) Act 2005

129   At the end of Division 1 of Part 2

Add:

15A Request for 14-day surrender relating to security risk

(1) The Director-General of Security may request the Minister to make an order under section 16A in relation to a person’s foreign travel documents if the Director-General suspects on reasonable grounds that:

(a) the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country; 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.

(2) If the Minister has made an order under section 16A in relation to a person’s foreign travel documents, another request under subsection (1) of this section relating to the person must not be made unless the grounds for suspicion mentioned in that subsection include information first obtained by the Director-General of Security or an officer or employee of ASIO more than 14 days after the Minister made the order.

(3) The Director-General of Security may, in writing, delegate his or her power under subsection (1) to a Deputy Director-General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).

(4) In exercising power under a delegation, the delegate must comply with any directions of the Director-General of Security.