(dc) decisions under Australian Passports Act 2005;section 22A or 24A of the

(dd) decisions under Foreign Passports (Law Enforcement and Security) Act 2005;section 15A or 16A of the

the Attorney-General’s Department; or

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

all the person’s Australian travel documents should be suspended in order to prevent the person from engaging in the conduct.

an officer demands under subsection (1) that the person surrender an Australian travel document; and

the officer informs the person that the officer is authorised to demand that document; and

the officer informs the person that it may be an offence not to comply with the demand; and

the person has possession or control of the document; and

the person fails to surrender the document to the officer immediately.

refuse to issue an Australian passport to the person;

cancel an Australian travel document issued to the person.

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.

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

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

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

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

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

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

Part 4 of that Act;

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

12 months after it was issued;

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

that, having regard to other methods (if any) of collecting the intelligence that are likely to be as effective, it is reasonable in all the circumstances for the warrant to be issued; and

the person has, in accordance with a warrant issued under this Division, been requested to produce a record or thing; and

the person engages in conduct; and

as a result of the conduct, the record or thing is unable to be produced, or to be produced in wholly legible or usable form.

(ba) a security assessment that is a request under Australian Passports Act 2005 for suspension of all Australian travel documents issued to a person; orsection 22A of the

12 months after it was issued;

12 months after the Attorney-General last considered whether to revoke it.

(aa) an offence against Subdivision B of Criminal Code; orDivision 80 of the

Part 4 of that Act;

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

the person has committed or is committing the offence; and

proceedings by summons against the person would not achieve one or more of the following purposes:

ensuring the appearance of the person before a court in respect of the offence;

preventing a repetition or continuation of the offence or the commission of another offence;

preventing the concealment, loss or destruction of evidence relating to the offence;

preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

preventing the fabrication of evidence in respect of the offence;

preserving the safety or welfare of the person.

a person has been arrested for an offence under subsection (1); and

before the person is charged with the offence, the constable in charge of the investigation ceases to suspect on reasonable grounds:

that the person committed the offence; or

that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

specify the day by which the person must comply with the notice, being a day that is at least:

14 days after the giving of the notice; or

if the officer believes that it is appropriate, having regard to the urgency of the situation, to specify an earlier day—3 days after the giving of the notice; and

that relate to eligible offences; and

that authorise the entry and search of premises without having to produce the warrant at the time of entry and search.

the search of premises; or

the seizure of things; or

the use of an assumed identity; or

(d) the installation of surveillance devices (within the meaning of the Surveillance Devices Act 2004).

the eligible officer of the authorised agency who is named in the warrant by the eligible issuing officer as being responsible for executing the warrant; or

if that eligible officer does not intend to be present at the execution of the warrant—another eligible officer of the authorised agency whose name has been written in the warrant by the eligible officer so named; or

another eligible officer of the authorised agency whose name has been written in the warrant by the eligible officer of the authorised agency last named in the warrant.

(a) a person who is an eligible officer of the authorised agency and who is assisting in the execution of the warrant; or

another person who has been authorised by the executing officer to assist in executing the warrant.

the police force or police service of a State or Territory; or

(b) the New South Wales Crime Commission constituted by the Crime Commission Act 2012 (NSW); or

(c) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 (NSW); or

(d) the Police Integrity Commission constituted by the Police Integrity Commission Act 1996 (NSW); or

(e) the Independent Broad-based Anti-corruption Commission established by the Independent Broad-based Anti-corruption Commission Act 2011 (Vic.); or

(f) the Crime and Corruption Commission established by the Crime and Corruption Act 2001 (Qld); or

(g) the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 (WA); or

(h) the Independent Commissioner Against Corruption established by the Independent Commissioner Against Corruption Act 2012 (SA); or

(i) the Integrity Commission established by the Integrity Commission Act 2009 (Tas.).

a person:

who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and

in relation to whom a consent under subsection 3ZZAE(1), and a declaration under subsection 3ZZAE(2), are in force; or

a nominated AAT member.

Deputy President;

full-time senior member.

is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

has been so enrolled for not less than 5 years.

the nominated AAT member ceases to hold an appointment described in subsection (1); or

the Minister, by writing, withdraws the nomination.

suspects, on reasonable grounds, that one or more eligible offences have been, are being, are about to be or are likely to be committed; and

suspects, on reasonable grounds, that entry and search of the premises will substantially assist in the prevention or investigation of one or more of those offences; and

(c) believes, on reasonable grounds, that it is necessary for the entry and search of the premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises.

the conditions for issue are met; and

either:

it is an urgent case; or

the delay that would occur if the authorisation were in writing would frustrate the effective execution of the delayed notification search warrant.

why the conditions for issue are met (see section 3ZZBA); and

other matters the eligible issuing officer must have regard to (see subsection 3ZZBD(2)); and

matters that must be specified in the warrant (see subsection 3ZZBE(1)).

a copy of, or details of, the authorisation under section 3ZZBB; and

particulars of any applications, and the outcomes, so far as known to the eligible officer, of any previous applications, in respect of the premises, for a warrant under this Part or Division 2 of Part IAA.

(a) an eligible officer applies to an eligible issuing officer, in accordance with main premises); andsection 3ZZBC, for a delayed notification search warrant in respect of particular premises (the

the eligible issuing officer is satisfied, by information on oath or affirmation, that the conditions for issue are met;

the extent to which the exercise of the powers under the warrant would assist the prevention or investigation of the eligible offence to which the application for the warrant relates;

the existence of alternative means of obtaining the evidence or information sought to be obtained;

the extent to which the privacy of any person is likely to be affected;

the nature and seriousness of that offence;

if it is proposed that adjoining premises be entered for the purpose of entering the main premises—whether allowing entry to the adjoining premises is reasonably necessary:

to enable entry to the main premises; and

to avoid compromising the prevention or investigation of that offence;

any conditions to which the warrant should be subject;

the outcome, so far as known to the eligible issuing officer, of any previous application, in respect of the main premises, for a warrant under this Part or Division 2 of Part IAA.

the name of the applicant;

the name of the authorised agency;

the name of the eligible officer of that agency who, unless he or she inserts the name of another such eligible officer in the warrant, is to be responsible for executing the warrant;

the address, location or other description of the warrant premises;

the eligible offence to which the warrant relates;

whether the warrant authorises the entry of adjoining premises, and if it does, the address, location or other description of the adjoining premises;

the day on which, and the time at which, the warrant is issued;

the day on which, and the time at which, the warrant expires (which must be a time on a day that is not more than 30 days after the day on which the warrant is issued);

the time by which notice of entry of premises under the warrant is to be given (expressed as a time on a specified day that is not more than 6 months after the day on which the warrant is issued);

a description of the kinds of things that may be searched for, seized, copied, photographed, recorded, marked, tagged, operated, printed, tested or sampled;

whether the warrant authorises a thing to be placed in substitution for a thing seized under the warrant or moved under subsection 3ZZCE(2);

whether the warrant authorises the re-entry of the warrant premises, and any adjoining premises authorised to be entered, to:

return to the warrant premises any thing seized under the warrant or moved under subsection 3ZZCE(2); or

retrieve any thing substituted at the warrant premises for a thing seized under the warrant or moved under subsection 3ZZCE(2);

if the warrant authorises such re-entry—that the re-entry must be within:

14 days of the day of execution of the warrant; or

if a thing is moved under subsection 3ZZCE(2) and the time for which it may be examined or processed is more than 14 days because of an extension under section 3ZZCE—that time as extended under that section;

any conditions to which the warrant is subject;

that the eligible issuing officer is satisfied as mentioned in paragraph 3ZZBD(1)(b), and has had regard to the matters specified in subsection 3ZZBD(2).

the specified time is the time by which a warrant premises occupier’s notice, and any adjoining premises occupier’s notice, must be given (subject to subsections 3ZZDA(4), 3ZZDB(4) and 3ZZDC(3)); and

the specified time can be extended (see subsection 3ZZDC(5)).

if it is an urgent case; or

if the delay that would occur if the application were made in person would frustrate the effective execution of the delayed notification search warrant.

may require communication by voice to the extent that it is practicable in the circumstances; and

may make a recording of the whole or any part of any such communication by voice.

include all information required to be provided in an ordinary application for a delayed notification search warrant, but the application may, if necessary, be made before the information is sworn or affirmed; and

include details of, or be accompanied by a copy of, the authorisation under section 3ZZBB.

considering the information and having received and considered such further information (if any) as the eligible issuing officer required; and

having regard to the matters specified in subsection 3ZZBD(2);

that the conditions for issue are met; and

that:

a delayed notification search warrant in the terms of the application should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the delayed notification search warrant.

the terms of the warrant; and

the day on which, and the time at which, the warrant was signed.

complete a form of delayed notification search warrant in the same terms as the warrant completed and signed by the eligible issuing officer;

state on the form the following:

the name of the eligible issuing officer;

the day and time of signing of the warrant;

send the following to the eligible issuing officer:

the form of warrant completed by the applicant;

the information referred to in subsection (4), which must have been duly sworn or affirmed.

the day on which the delayed notification search warrant expires;

the day of execution of the warrant.

it is material, in those proceedings, for the court to be satisfied that the exercise of power was duly authorised by the warrant; and

the delayed notification search warrant signed by the eligible issuing officer authorising the exercise of the power is not produced in evidence.

state in a document that purports to be a form of delayed notification search warrant under section 3ZZBF the name of an eligible issuing officer unless that eligible issuing officer issued the warrant; or

state on a form of delayed notification search warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the eligible issuing officer; or

purport to execute, or present to a person, a document that purports to be a form of delayed notification search warrant under that section that the person knows:

has not been approved by an eligible issuing officer under that section; or

departs in a material particular from the terms authorised by an eligible issuing officer under that section; or

give to an eligible issuing officer a form of delayed notification search warrant under that section that is not the form of warrant that the person purported to execute.

in respect of particular premises; and

in relation to a particular eligible offence.

treat the delayed notification search warrant application as if it were an application for a warrant under the applicable normal search warrant regime (even if such an application has not been made); and

consider and deal with the application under that regime:

as if the application had been validly made under that regime; and

if the eligible issuing officer is not a person who is authorised to issue warrants under the applicable normal search warrant regime—as if the eligible issuing officer were such a person.

to enter the warrant premises;

if the warrant authorises the entry of adjoining premises—to enter the adjoining premises solely for the purpose of entering or leaving the warrant premises;

to impersonate another person to the extent reasonably necessary for executing the warrant;

to search the warrant premises for the kinds of things (if any) specified in the warrant as the kinds of things that may be searched for;

to seize any thing of a kind specified in the warrant as a kind of thing that may be seized;

to seize other things found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds to be evidential material, if the executing officer or a person assisting believes on reasonable grounds that the seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing any offence;

to seize any thing found in the course of executing the warrant at the warrant premises that the executing officer or a person assisting believes on reasonable grounds:

would present a danger to a person; or

could be used to assist a person to escape from lawful custody;

to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes;

if specified in the warrant—to place a thing in substitution for a thing seized or moved under subsection 3ZZCE(2);

to do any of the following acts to a thing found in the course of executing the warrant at the warrant premises that is of a kind specified in the warrant as the kind of thing to which the act may be done, or that the executing officer or a person assisting believes on reasonable grounds to be evidential material:

copy the thing;

photograph or otherwise record the thing;

mark or tag the thing (whether or not the mark or tag can be detected only with the use of a device);

operate the thing;

print the thing;

test the thing;

sample the thing;

to do anything reasonably necessary to conceal the fact that any thing has been done under the warrant;

if specified in the warrant—to re-enter:

the warrant premises; and

if the warrant authorises the entry of adjoining premises—the adjoining premises solely for the purpose of entering or leaving the warrant premises;

to exercise the other powers conferred on the executing officer, or a person assisting, by the other provisions of this Division.

for not more than one hour; or

for not more than 24 hours, or such longer period as allowed by an eligible issuing officer under section 3ZZCC, if they leave the premises:

because of an emergency situation; or

to reduce the risk of discovery of the fact that a law enforcement officer has been on the premises.

the execution of a delayed notification search warrant is stopped by an order of a court; and

the order is later revoked or reversed on appeal; and

the warrant is still in force;

a delayed notification search warrant in relation to premises is being executed; and

the executing officer and the persons assisting (if any) leave the premises for a reason described in subparagraph 3ZZCB(2)(b)(i) or (ii); and

the executing officer or a person assisting believes on reasonable grounds that the executing officer and the persons assisting will not be able to return to the premises within the 24-hour period mentioned in paragraph 3ZZCB(2)(b);

the eligible issuing officer is satisfied, by information on oath or affirmation, that there are circumstances that justify the extension; and

the extension would not result in the period ending after the expiry of the warrant.

the executing officer may obtain such assistance; and

the executing officer, or an eligible officer who is a person assisting, may use such force against persons and things; and

a person assisting who is not an eligible officer may use such force against things;

a copy of the warrant; or

if the warrant was issued under section 3ZZBF—a copy of the form of warrant completed under subsection 3ZZBF(7).

it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; and

the executing officer or a person assisting suspects on reasonable grounds that the thing contains or constitutes a thing that may be seized under the warrant.

the equipment is suitable for the examination or processing; and

the examination or processing can be carried out without damage to the equipment or the thing.

under subsection (2), the executing officer or person assisting copies data to a disk, tape or device; and

the chief officer of the authorised agency is satisfied that the data is not required, is no longer required, or is not likely to be required, for a purpose mentioned in section 3ZZEA;

the removal of the data from any device in the control of the authorised agency; and

the destruction of any other reproduction of the data in the control of the authorised agency.

seize the equipment and any disk, tape or other associated device; or

if the thing can, by using facilities at the warrant premises, be put in documentary form—operate the facilities to put the thing in that form and seize the documents so produced.

it is not practicable to copy the data as mentioned in subsection (2) or to put the thing that may be seized in documentary form as mentioned in paragraph (4)(b); or

possession of the equipment, by the occupier of the warrant premises, could constitute an offence.

the removal of the data from any device in the control of the authorised agency; and

the destruction of any other reproduction of the data in the control of the authorised agency.

seize the equipment and any disk, tape or other associated device; or

if the thing can be put in documentary form—put the thing in that form and seize the documents so produced.

it is not practicable to copy the data as mentioned in subsection (2) or to put the thing that may be seized in documentary form as mentioned in paragraph (4)(b); or

possession of the equipment, by the occupier of the warrant premises, could constitute an offence.

data held on the electronic equipment, including data held on the electronic equipment when operated under this section that was not held on the electronic equipment at the time the electronic equipment was seized;

data not held on the electronic equipment but accessible by using it, including data that was not accessible at the time the electronic equipment was seized.

as a result of equipment being operated as mentioned in section 3ZZCE, 3ZZCF, 3ZZCG or 3ZZCH:

damage is caused to the equipment; or

damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

specify the name of the authorised agency; and

specify the day on which, and the time at which, the warrant was issued; and

specify the day of execution of the warrant; and

specify the address, location or other description of the warrant premises; and

specify the number of persons who entered the warrant premises for the purposes of executing, or assisting in the execution of, the warrant; and

include a summary of:

(i) the purpose of delayed notification search warrants (including a statement to the effect that they are to authorise entry and search of premises to be conducted without the knowledge of the occupier of the premises or any other person present at the premises); and

the things done under the warrant; and

describe any thing seized from the warrant premises and state whether a thing was placed in substitution for the seized thing; and

state whether any thing was returned to, or retrieved from, the warrant premises and the date on which this occurred.

the name of the authorised agency; and

the day on which, and the time at which, the warrant was issued; and

the day of execution of the warrant; and

the address, location or other description of:

the warrant premises; and

the adjoining premises; and

the purpose of delayed notification search warrants, including:

(i) a statement to the effect that they are to authorise entry and search of warrant premises to be conducted without the knowledge of the occupier of those premises or any other person present at those premises; and

a statement that adjoining premises may be entered solely for the purpose of entering or leaving the warrant premises.

applies if a warrant premises occupier’s notice, or an adjoining premises occupier’s notice, is prepared in relation to a delayed notification search warrant; and

determines the time by which the notice (and a copy of the warrant, or the form of warrant) must be given in accordance with subsection 3ZZDA(3) or 3ZZDB(3).

the time specified under paragraph 3ZZBE(1)(i); or

if that time has been extended under subsection (5), that time as so extended.

a person is charged with an offence; and

the prosecution proposes to rely on evidence obtained under the warrant;

the time applicable under subsection (2);

the time of service of the brief of evidence by the prosecution.

must not extend the time by more than 6 months on any one occasion; and

must not extend the time to more than 12 months after the day on which the delayed notification search warrant was issued unless:

the Minister is satisfied on reasonable grounds that there are exceptional circumstances justifying the extension, and that it is in the public interest to do so; and

the Minister has issued a certificate approving the application for the extension; and

the eligible issuing officer is satisfied that there are exceptional circumstances justifying such an extension.

preventing, investigating or prosecuting an offence;

(b) proceedings under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;

proceedings for the forfeiture of the thing under a law of the Commonwealth;

(d) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Criminal Code;Division 104 or 105 of the

investigating or resolving a complaint or an allegation of misconduct relating to an exercise of a power or the performance of a function or duty under this Part;

(f) investigating or resolving an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979) under Part V of that Act;

(g) investigating or resolving a complaint under the Ombudsman Act 1976 or the Privacy Act 1988;

(h) investigating or inquiring into a corruption issue under the Law Enforcement Integrity Commissioner Act 2006;

proceedings in relation to a complaint, allegation or issue mentioned in paragraph (e), (f), (g) or (h);

deciding whether to institute proceedings, to make an application or request, or to take any other action, mentioned in any of the preceding paragraphs of this subsection;

(k) the performance of the functions of the Australian Federal Police under Australian Federal Police Act 1979.section 8 of the

requires or authorises the use of a thing; or

requires or authorises the making available (however described) of a thing.

a State or Territory law enforcement agency; or

an agency that has responsibility for:

law enforcement in a foreign country; or

intelligence gathering for a foreign country; or

the security of a foreign country;

preventing, investigating or prosecuting an offence against a law of a State or Territory;

(d) proceedings under a corresponding law (within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002);

proceedings for the forfeiture of the thing under a law of a State or Territory;

deciding whether to institute proceedings or to take any other action mentioned in any of paragraphs (1)(a) to (k) (inclusive), subsection (2) or (3) or paragraph (c), (d) or (e) of this subsection.

the making available to a State or Territory law enforcement agency of that State or Territory, for purposes mentioned in subsections (1), (3) and (5), of things seized under this Part; and

the disposal by the agency of such things when they are no longer of use to that agency for those purposes.

either:

the thing may be retained because of an order under subsection 3ZZEC(1), or any other order under that subsection has been made in relation to the thing; or

the chief officer has applied for such an order and the application has not been determined; or

the thing may otherwise be retained, destroyed or disposed of under a law, or an order of a court or tribunal, of the Commonwealth or of a State or a Territory; or

the thing is forfeited or forfeitable to the Commonwealth or is the subject of a dispute as to ownership; or

a warrant premises occupier’s notice has not been given in relation to the occupier of the warrant premises.

a terrorist act or a terrorism offence; or

a serious offence (within the meaning of Part IAA).

an order that the thing may be retained for the period specified in the order;

an order that the thing is forfeited to the Commonwealth;

an order that:

the thing be sold and the proceeds given to the owner of the thing; or

the thing be sold in some other way;

an order that the thing is to be destroyed or otherwise disposed of.

the person from whom the thing was seized; or

if that person is not entitled to possess the thing—the owner of the thing.

the day of execution of the warrant; or

if the warrant was not executed—the expiry of the warrant.

specify the address, location or other description of the warrant premises; and

state whether or not the warrant was executed; and

state whether the application for the warrant was made in person or in accordance with section 3ZZBF.

the day of execution of the warrant;

the name of the executing officer;

the name of any persons assisting and the kind of assistance provided;

the name of the occupier of the warrant premises, if known to the executing officer;

whether adjoining premises were entered under the warrant and, if they were, the name of the occupier of the adjoining premises, if known to the executing officer;

the things that were done under the warrant;

without limiting paragraph (f)—details of any thing at the warrant premises:

seized; or

replaced with a substitute; or

copied, photographed or otherwise recorded; or

marked or tagged; or

operated, printed, tested or sampled;

whether or not the execution of the warrant assisted in the prevention or investigation of an eligible offence;

details of compliance with any conditions to which the warrant was subject;

details of any warrant premises occupier’s notice given in relation to the warrant;

details of any adjoining premises occupier’s notice given in relation to the warrant;

details of any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.

the address, location or other description of the warrant premises;

the date on which the warrant premises were entered for that purpose;

the name of each person who so entered the warrant premises;

details of the thing returned or retrieved;

if the thing was not returned or retrieved—the reason why the thing was not returned or removed.

the number of applications for delayed notification search warrants made in person by eligible officers of the agency;

the number of applications for delayed notification search warrants made under section 3ZZBF by eligible officers of the agency;

the number of delayed notification search warrants issued as a result of applications referred to in paragraphs (a) and (b) and the eligible offences to which they related;

the number of delayed notification search warrants that were executed by an eligible officer of the agency;

the number of delayed notification search warrants that were executed by an eligible officer of the agency under which:

one or more things were seized from the warrant premises; or

one or more things were placed in substitution at the warrant premises for a seized thing; or

one or more things were returned to, or retrieved from, the warrant premises; or

one or more things were copied, photographed, recorded, marked, tagged, operated, printed, tested or sampled at the warrant premises;

any other information relating to delayed notification search warrants and the administration of this Part that the Minister considers appropriate.

the number of applications for delayed notification search warrants made in person by eligible officers of the agency;

the number of applications for delayed notification search warrants made under section 3ZZBF by eligible officers of the agency;

the number of delayed notification search warrants issued as a result of applications referred to in paragraphs (a) and (b) and the eligible offences to which they related;

the number of delayed notification search warrants that were executed by an eligible officer of the agency.

a copy of each authorisation given in writing by the chief officer under section 3ZZBB;

a copy of the written record made under section 3ZZBB of each authorisation given orally by the chief officer under that section;

a copy of each application for a delayed notification search warrant made by an eligible officer of the agency, and a statement of whether the application was granted or refused;

each delayed notification search warrant issued to an eligible officer of the agency;

a copy of each form of delayed notification search warrant completed under subsection 3ZZBF(7) by an eligible officer of the agency;

a copy of the following:

each warrant premises occupier’s notice given in relation to a delayed notification search warrant issued to an eligible officer of the agency;

each adjoining premises occupier’s notice given in relation to such a warrant;

each application made by an eligible officer of the agency under section 3ZZCC;

any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to such a warrant;

each authorisation given by the chief officer of the agency under subsection 3ZZDC(4);

each application made by an eligible officer of the agency as mentioned in subsection 3ZZDC(5);

each extension of time granted under subsection 3ZZDC(5) in response to such an application;

each report given to the chief officer of the agency under section 3ZZFA.

the date the warrant was issued or refused; and

the name of the eligible issuing officer who issued or refused to issue the warrant; and

if the warrant was issued:

the name of the applicant for the warrant and the executing officer; and

the eligible offence to which the warrant relates; and

if the warrant was executed—the day of execution of the warrant; and

the day and time of issue of the warrant, and the time of expiry of the warrant; and

the time by which notice of entry of premises under the warrant is to be given; and

whether a warrant premises occupier’s notice has been given in relation to the warrant and, if such a notice has been given, the date on which it was given; and

whether an adjoining premises occupier’s notice has been given in relation to the warrant and, if such a notice has been given, the date on which it was given; and

details of any extension of time granted under subsection 3ZZDC(5) in relation to the warrant; and

details of any directions given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.

may, after notifying the chief officer of the eligible agency, enter at any reasonable time premises occupied by the agency; and

is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and

may require a staff member of the agency to give the Ombudsman any information that the Ombudsman considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.

by writing signed by the staff member; and

at a specified place and within a specified period.

before a specified inspecting officer; and

at a specified place; and

within a specified period or at a specified time on a specified day;

has reasonable grounds to believe that a staff member of an eligible agency is able to give information relevant to an inspection under this Division of the agency’s records; and

does not know the staff member’s identity;

before a specified inspecting officer; and

at a specified place; and

within a specified period or at a specified time on a specified day;

the person is required under section 3ZZGC to attend before another person, to give information or to answer questions; and

the person refuses or fails to do so.

would contravene a law; or

would be contrary to the public interest; or

might tend to incriminate the person or make the person liable to a penalty; or

would disclose one of the following:

(i) a legal advice given to a Minister or a Department, or a prescribed authority (within the meaning of the Ombudsman Act 1976);

(ii) a communication between an officer of a Department or of a prescribed authority (within the meaning of the Ombudsman Act 1976) and another person or body, being a communication protected against disclosure by legal professional privilege.

the information, the answer, or the fact that the person has given access to the document, as the case may be; and

any information or thing (including a document) obtained as a direct or indirect consequence of giving the information, answering the question or giving access to the document;

giving information to the Ombudsman or an inspecting officer (whether orally or in writing and whether or not in answer to a question); or

giving access to a record of the agency to the Ombudsman or an inspecting officer;

relates to a State or Territory agency; and

was obtained by the Ombudsman under this Division;

the person discloses information; and

the information relates to:

an application for a delayed notification search warrant; or

the execution of a delayed notification search warrant; or

a report under section 3ZZFA in relation to a delayed notification search warrant; or

a warrant premises occupier’s notice or an adjoining premises occupier’s notice prepared in relation to a delayed notification search warrant.

the disclosure is in connection with the administration or execution of this Part;

the disclosure is for the purposes of obtaining or providing legal advice related to this Part;

the disclosure is for the purposes of any legal proceeding arising out of or otherwise related to this Part or of any report of any such proceedings;

the disclosure is in accordance with any requirement imposed by law;

the disclosure is for the purposes of:

the performance of duties or functions or the exercise of powers under or in relation to this Part; or

the performance of duties or functions or the exercise of powers by a law enforcement officer, an officer of the Australian Security Intelligence Organisation, a staff member of the Australian Secret Intelligence Service or a person seconded to either of those bodies;

the disclosure is made by anyone to the Ombudsman, a Deputy Commonwealth Ombudsman or a member of the Ombudsman’s staff (whether in connection with the exercise of powers or performance of functions under Division 7, in connection with a complaint made to the Ombudsman or in any other circumstances);

the disclosure is made after a warrant premises occupier’s notice or an adjoining premises occupier’s notice has been given in relation to the warrant;

the disclosure is made after a direction has been given under subsection 3ZZDA(4) or 3ZZDB(4) in relation to the warrant.

a Deputy Commissioner of the Australian Federal Police; or

a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner for the purposes of this paragraph.

(fa) an offence against Criminal Code; orPart 5.5 of the

a reference to the doing of a terrorist act, even if a terrorist act does not occur; and

a reference to the doing of a specific terrorist act; and

a reference to the doing of more than one terrorist act.

the person does any of the following:

intentionally provides training to an organisation;

intentionally receives training from an organisation;

intentionally participates in training with an organisation; and

suspects on reasonable grounds that the person has:

provided training to, received training from or participated in training with a listed terrorist organisation; or

engaged in a hostile activity in a foreign country; or

been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or

(iv) been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (Crimes Act 1914).within the meaning of subsection 3(1) of the

a reference to a terrorist act that does not occur; and

a reference to a specific terrorist act; and

a reference to more than one terrorist act.

that the person has provided training to, received training from or participated in training with a listed terrorist organisation; or

that the person has engaged in a hostile activity in a foreign country; or

that the person has been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or

(v) that the person has been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (Crimes Act 1914); andwithin the meaning of subsection 3(1) of the

a reference to a terrorist act that does not occur; and

a reference to a specific terrorist act; and

a reference to more than one terrorist act.

that the person may have appeal and review rights in relation to the decision of the issuing court to make the order;

the person’s right to attend court on the day specified for the purposes of paragraph 104.5(1)(e);

the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.14(1) if the order is confirmed;

that the person may have appeal and review rights in relation to any decision of the issuing court to confirm the order;

the person’s right to apply under section 104.18 for an order revoking or varying the order if it is confirmed;

the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order if it is confirmed; and

serve the declaration, the revocation or the confirmed control order personally on the person; and

if the court confirms the interim order (with or without variation)—inform the person of the following:

that the person may have appeal and review rights in relation to the decision of the issuing court to confirm the order;

the person’s right to apply under section 104.18 for an order revoking or varying the order;

the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order; and

if paragraph (b) applies—ensure that the person understands the information provided under that paragraph (taking into account the person’s age, language skills, mental capacity and any other relevant factor).

suspects on reasonable grounds that the varied order in the terms to be sought would substantially assist in preventing a terrorist act; or

suspects on reasonable grounds that the person has:

provided training to, received training from or participated in training with a listed terrorist organisation; or

engaged in a hostile activity in a foreign country; or

been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or

(iv) been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (Crimes Act 1914).within the meaning of subsection 3(1) of the

a reference to a terrorist act that does not occur; and

a reference to a specific terrorist act; and

a reference to more than one terrorist act.

a reference to a terrorist act that does not occur; and

a reference to a specific terrorist act; and

a reference to more than one terrorist act.

that the person may have appeal and review rights in relation to the decision of the issuing court to vary the order;

the person’s right to apply under section 104.18 for an order revoking or varying the order;

the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order; and

in the case of an AFP member—the member suspects, on reasonable grounds, that the subject:

will engage in a terrorist act; or

possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

has done an act in preparation for, or planning, a terrorist act; and

in the case of an issuing authority—the issuing authority is satisfied there are reasonable grounds to suspect that the subject:

will engage in a terrorist act; or

possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

has done an act in preparation for, or planning, a terrorist act; and

the person is satisfied that making the order would substantially assist in preventing a terrorist act occurring; and

the person is satisfied that detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in paragraph (c).

be made either:

in writing (other than writing by means of an electronic communication); or

if the AFP member considers it necessary because of urgent circumstances—orally in person or by telephone, or by fax, email or other electronic means of communication; and

any of the following:

the true name of the person in relation to whom the order is made;

if, after reasonable inquiries have been made, the person’s true name is not known but an alias is known for the person—the alias of the person in relation to whom the order is made;

if, after reasonable inquiries have been made, the person’s true name is not known and no alias is known for the person—a description sufficient to identify the person in relation to whom the order is made; and

ensure that there is an audio, or audio-visual, recording of the application; or

as soon as practicable after the order is made, make a written record of the details of the application, including any information given in support of it.

any of the following:

the true name of the person in relation to whom the order is made;

if, after reasonable inquiries have been made, the person’s true name is not known but an alias is known for the person—the alias of the person in relation to whom the order is made;

if, after reasonable inquiries have been made, the person’s true name is not known and no alias is known for the person—a description sufficient to identify the person in relation to whom the order is made; and

in writing (other than writing by means of an electronic communication); or

if the AFP member considers it necessary because of urgent circumstances—orally in person or by telephone, or by fax, email or other electronic means of communication.

a continued preventative detention order is being applied for; and

the application for the prohibited contact order is made in accordance with paragraph (1A)(a);

a continued preventative detention order is being applied for; and

the application for the prohibited contact order is made in accordance with paragraph (1A)(b);

ensure that there is an audio, or audio-visual, recording of the application; or

as soon as practicable after the order is made, make a written record of the details of the application, including any information given in support of it.

in writing (other than writing by means of an electronic communication); or

if the AFP member considers it necessary because of urgent circumstances—orally in person or by telephone, or by fax, email or other electronic means of communication.

the preventative detention order is a continued preventative detention order; and

the application for the prohibited contact order is made in accordance with paragraph (1A)(a);

the preventative detention order is a continued preventative detention order; and

the application for the prohibited contact order is made in accordance with paragraph (1A)(b);

ensure there is an audio, or audio-visual, recording of the application; or

as soon as practicable after the order is made, make a written record of the details of the application, including any information given in support of it.

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

Part 4 of that Act;

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

(da) an offence against Subdivision B of Criminal Code; orDivision 80 of the

(fa) an offence against Criminal Code; orPart 5.5 of the

the Commissioner of the Australian Federal Police; or

a Deputy Commissioner of the Australian Federal Police; or

(c) a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979) who is a member of the Australian Federal Police; or

a member of the Australian Federal Police occupying a position in the Australian Federal Police that is equivalent to or higher than one of the positions mentioned in paragraphs (a), (b) and (c), whether or not a declaration under section 25 of that Act is in force in respect of the person.

a criminal proceeding for a designated offence; or

(b) a proceeding under the Proceeds of Crime Act 2002 relating to a designated offence; or

(c) a proceeding under Criminal Code.Division 104 of the

annexed to a written statement by a senior AFP member that:

is verified on oath or affirmation by the member; and

meets the requirements in subsection (2); and

accompanied by a certificate of the Attorney-General given under subsection (3).

relate only to foreign government material annexed to the statement; and

state what the material is; and

state, to the best of the senior AFP member’s knowledge:

how the material, and any information contained in the material, was obtained by the first foreign authority to obtain or produce the material or information; and

each step in the process by which the material or information came from that foreign authority into the possession of the Australian Federal Police.

foreign material adduced under subsection 27A(1) in the proceeding;

foreign government material adduced under subsection 27B(1) in the proceeding;

the statement to which the foreign government material was annexed as described in paragraph 27B(1)(a);

the certificate that accompanied the foreign government material as described in paragraph 27B(1)(b).

is made explicitly or implicitly to a person; and

is a threat to imminently cause one or both of the following unless material or information is provided:

death or serious injury of the person, a member of the person’s family or a third party;

damage to, or loss by the person of, the person’s significant assets; and

is a threat to which a reasonable person would respond by providing the material or information.

for the purpose of obtaining from the person or from a third person information or a confession; or

for the purpose of punishing the person for an act that the person or a third person has committed or is suspected of having committed; or

for the purpose of intimidating or coercing the person or a third person; or

for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or

for any reason based on discrimination that is inconsistent with the Articles of the International Covenant on Civil and Political Rights done at New York on 16 December 1966;

the statement described in paragraph (1)(c);

the certificate described in paragraph (1)(d).

warn the jury that the material may be unreliable; and

inform the jury of matters that may cause it to be unreliable; and

warn the jury of the need for caution in determining whether to accept the material and the weight to be given to it.

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

the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct.

seize the person’s foreign travel documents; and

seize any foreign travel document of the person that is not in the possession or control of any person.

an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and

the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and

the officer informs the person that it may be an offence not to comply with the demand; and

the person has possession or control of one or more of the person’s foreign travel documents; and

the person fails to surrender those documents to the officer immediately.

(a) Australian Security Intelligence Organisation Act 1979 and any other provision of that Act as far as it relates to that Division;Division 3 of Part III of the

(b) Crimes Act 1914 and any other provision of that Act as far as it relates to that Division;Division 3A of Part IAA of the

(c) Divisions 104 and 105 of the Criminal Code and any other provision of the Criminal Code Act 1995 as far as it relates to those Divisions;

(d) sections 119.2 and 119.3 of the Criminal Code and any other provision of the Criminal Code Act 1995 as far as it relates to those sections.

(baa) to monitor and to review the performance by the AFP of its functions under Criminal Code; andPart 5.3 of the

(bab) to report to both Houses of the Parliament, with such comments as it thinks fit, upon any matter appertaining to the AFP or connected with the performance of its functions under Criminal Code to which, in the opinion of the Committee, the attention of the Parliament should be directed; andPart 5.3 of the

to inquire into any question in connection with its functions under paragraph (baa) or (bab) that is referred to it by either House of the Parliament, and to report to that House upon that question; and

reviewing particular operations or investigations that have been, are being or are proposed to be undertaken by the AFP.

(ia) Subdivision B of Criminal Code; orDivision 80 of the

(ib) Criminal Code; orsection 80.2C of the

(v) Criminal Code; orsection 104.27 of the

(vi) Criminal Code; orDivision 119 of the

no family assistance is to be paid to the individual; and

the individual is not eligible for family assistance.

a security notice given to the Minister in relation to an individual recommends that payments of family assistance of the individual be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act; and

apart from subsections (1) to (3), the individual would be eligible for the whole or a part of that family assistance;

a security notice is given to the Minister in relation to an individual; and

the individual is aged 19 or less on the day the notice is given;

the Foreign Affairs Minister gives the Attorney-General a notice under section 57GK in relation to the individual; or

the Immigration Minister gives the Attorney-General a notice under section 57GL in relation to the individual.

the extent (if any) that any payments of family assistance of the individual are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney-General is aware of that extent;

the likely effect of the operation of section 57GI on the individual’s dependants, if the Attorney-General is aware of those dependants.

seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and

inform the Attorney-General of that advice.

either:

(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue an individual an Australian passport; or

under section 22 of that Act, the Foreign Affairs Minister cancels an individual’s Australian passport; and

the refusal or cancellation was because of a refusal/cancellation request made in relation to the individual under subsection 14(1) of that Act; and

the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;

(a) the Immigration Minister cancels an individual’s visa under Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); orsection 116 or 128 of the

(b) the Immigration Minister cancels an individual’s visa under Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; orsection 134B of the

(c) the Immigration Minister cancels an individual’s visa under Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);section 501 of the

the Secretary of the Department; and

the Secretary of the Human Services Department.

12 months after it came into force;

12 months after the Attorney-General last considered whether to revoke it.

the Secretary of the Department; and

the Secretary of the Human Services Department.

a determination in relation to an individual ceases to be in force because of subsection 57GI(2); and

the Attorney-General revokes the security notice concerned;

any decision under this Division;

any decision under Part 8B of that Act to pay, or not to pay, an amount of family assistance as mentioned in subsection 57GI(4) of this Act;

any decision under Part 8B of that Act that is related to a decision mentioned in paragraph (b).

a notice under this Division;

a direction under subsection 57GI(6).

no parental leave pay or dad and partner pay is to be paid to the person; and

the person is not eligible for parental leave pay or dad and partner pay; and

parental leave pay or dad and partner pay is not payable to the person.

a security notice is given to the Minister in relation to a person; and

(b) a payability determination that parental leave pay or dad and partner pay is payable to the person is in force at the end of the day (the relevant day) before the day the notice is given; and

the day the notice is given is in the person’s PPL period, or DAPP period, that is specified in that determination;

the person is not eligible for parental leave pay or dad and partner pay; and

parental leave pay or dad and partner pay is not payable to the person.

the Foreign Affairs Minister gives the Attorney-General a notice under section 278D in relation to the person; or

the Immigration Minister gives the Attorney-General a notice under section 278E in relation to the person.

the extent (if any) that any payments of parental leave pay or dad and partner pay of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney-General is aware of that extent;

the likely effect of the operation of section 278B on the person’s dependants, if the Attorney-General is aware of those dependants.

seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and

inform the Attorney-General of that advice.

either:

(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian passport; or

under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian passport; and

the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and

the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;

(a) the Immigration Minister cancels a person’s visa under Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); orsection 116 or 128 of the

(b) the Immigration Minister cancels a person’s visa under Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; orsection 134B of the

(c) the Immigration Minister cancels a person’s visa under Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);section 501 of the

the Secretary of the Department; and

the Secretary of the Human Services Department.

12 months after it came into force;

12 months after the Attorney-General last considered whether to revoke it.

the Secretary of the Department; and

the Secretary of the Human Services Department.

a payability determination for a person is varied by subsection 278B(2); and

the Attorney-General revokes the security notice concerned;

no social security payment is to be paid to the person; and

the person is not qualified for a social security payment; and

a social security payment is not payable to the person; and

the person is not qualified for a concession card.

the person is not qualified for a social security payment; and

a social security payment is not payable to the person; and

the person is not qualified for a concession card.

the Foreign Affairs Minister gives the Attorney-General a notice under section 38P in relation to the person; or

the Immigration Minister gives the Attorney-General a notice under section 38Q in relation to the person.

the extent (if any) that any social security payments of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Attorney-General is aware of that extent;

the likely effect of the operation of section 38M on the person’s dependants, if the Attorney-General is aware of those dependants.

seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and

inform the Attorney-General of that advice.

either:

(i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian passport; or

under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian passport; and

the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and

the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act;

(a) the Immigration Minister cancels a person’s visa under Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); orsection 116 or 128 of the

(b) the Immigration Minister cancels a person’s visa under Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; orsection 134B of the

(c) the Immigration Minister cancels a person’s visa under Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);section 501 of the

the Secretary of the Department; and

the Secretary of the Human Services Department.

12 months after it came into force;

12 months after the Attorney-General last considered whether to revoke it.

the Secretary of the Department; and

the Secretary of the Human Services Department.

a person’s social security payment is cancelled by subsection 38M(2) or a person’s concession card is cancelled by subsection 38M(3); and

the Attorney-General revokes the security notice concerned;

the payment is cancelled by section 38M of the 1991 Act; or

a social security payment of a person, whether the person qualified for that payment before, on or after the commencement of this item;

a concession card of a person, whether that card was issued before, on or after the commencement of this item.

the person is in a designated place; and

the officer is satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country.

the officer ceases to be satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country; or

the person is made available to a police officer under subsection (2); or

a police officer indicates that the police force to which the police officer belongs has no interest in the person.

safeguard national security, the security of a foreign country or the processes of law enforcement; or

protect the life and safety of any person.

the police officer to whom the person is made available under subsection 219ZJB(3) or 219ZJCA(2); or

the police officer into whose custody the person is delivered under subsection 219ZJC(3).

section 134B (emergency cancellation on security grounds); or

there is an assessment made by ASIO for the purposes of this section; and

the assessment contains advice that ASIO suspects that the person might be, directly or indirectly, a risk to security (within the meaning of section 4 of the ASIO Act); and

the assessment contains a recommendation that all visas held by the person be cancelled under this section; and

the person is outside Australia.

there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and

the assessment contains advice that the former holder of the visa is, directly or indirectly, a risk to security (within the meaning of section 4 of the ASIO Act); and

the assessment contains a recommendation that the cancellation not be revoked under subsection (2).

there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and

the assessment contains a recommendation that the cancellation of the visa be revoked under this subsection;

(a) starts at the beginning of the day (the cancellation day) the visa is cancelled; and

ends at the end of the 28th day after the cancellation day.

the time the visa is to be in effect; or

any period in which, or date until which, the visa permits its holder to travel to, enter and remain in Australia, or to remain in Australia.

the Minister decides under section 134B to cancel a visa; and

the Minister decides under subsection 134C(3) not to revoke the cancellation;

if the assessment made by ASIO for the purposes of the Minister, in writing, that it is no longer essential to the security of the nation for the notice not to be given; andsection 134C contains an advice that it is essential to the security of the nation that a notice is not given to the person under this section—as soon as reasonably practicable after ASIO advises

otherwise—as soon as reasonably practicable after the Minister decides under subsection 134C(3) not to revoke the cancellation.

state that the visa was cancelled under section 134B; and

be given to the person in the prescribed way.

the decision under section 134B to cancel the visa; or

the decision under subsection 134C(3) not to revoke the cancellation.

(a) a visa held by a person (the relevant person) is cancelled under section 134B; and

the Minister decides under subsection 134C(3) not to revoke the cancellation; and

the Minister has given a notice to the relevant person under section 134E about the cancellation.

the person was the holder of a valid permanent visa; and

(b) the visa was cancelled under Migration Act 1958; andsection 134B of the

(c) the security assessment is made for the purposes of in relation to that cancellation.section 134C of that Act

to enhance the Department’s ability to identify non-citizens who have a criminal history or who are of character concern; and

to assist in identifying persons who may be a security concern to Australia or a foreign country; and

comply with any requirement, made by a clearance officer before an event referred to in subparagraph 172(1)(a)(iii) or (b)(iii) or paragraph 172(1)(c) occurs, to provide one or more personal identifiers referred to in subsection (5) to a clearance authority; and

if under paragraph (a) the person presents evidence to an authorised system—provide to the authorised system a photograph or other image of the person’s face and shoulders.

if under paragraph (a) the person presents evidence to an authorised system—to provide to the authorised system a photograph or other image of the person’s face and shoulders.