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
131 After section 16
16A Demand for 14-day surrender of foreign travel document ordered by Minister on request under section 15A
(1) The Minister may, on request under section 15A relating to a persons foreign travel documents, order the surrender of the documents.
(2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the persons foreign travel documents.
(3) If the person does not immediately surrender the persons foreign travel documents, the officer may:
(a) seize the persons foreign travel documents; and
(b) seize any foreign travel document of the person that is not in the possession or control of any person.
(4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.
(5) A person commits an offence if:
(a) an enforcement officer demands under subsection (2) that the person surrender the persons foreign travel documents; and
(b) the officer informs the person that the Minister has ordered the surrender of the persons foreign travel documents and that the officer is authorised to make the demand; and
(c) the officer informs the person that it may be an offence not to comply with the demand; and
(d) the person has possession or control of one or more of the persons foreign travel documents; and
(e) the person fails to surrender those documents to the officer immediately.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(6) A foreign travel document obtained by an enforcement officer under this section must be returned, to the person to whom it was issued, 14 days after the Minister made the order under subsection (1) relating to the document.
(7) However, subsection (6) does not apply if, within the 14 days described in that subsection, the Minister makes an order under subsection 16(1). In that case, subsections 16(6) and (7) apply in relation to the foreign travel document as if it had been obtained by an enforcement officer under section 16.