Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Home Affairs Minister may give the Minister a written notice requiring that this Division apply in relation to a specified individual if:
(a) the Foreign Affairs Minister gives the Home Affairs Minister a notice under section 57GK in relation to the individual; or
(b) the individual's visa is cancelled under section 116 or 128 of the 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 ); or
(c) the individual's visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or
(d) the individual's visa is cancelled under section 501 of the 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 ).
(2) A notice under this section may recommend that payments of family assistance of the individual, to the extent set out in the notice, be paid to a payment nominee of the individual under Part 8B of the Family Assistance Administration Act.
(3) Before giving a notice under this section, the Home Affairs Minister must have regard to the following:
(a) 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 Home Affairs Minister is aware of that extent;
(b) the likely effect of the operation of section 57GI on the individual's dependants, if the Home Affairs Minister is aware of those dependants.
(4) The Secretary of the Department administered by the Home Affairs Minister must:
(a) seek the advice of the Human Services Secretary in relation to paragraph (3)(b); and
(b) inform the Home Affairs Minister of that advice.
(5) Subsection (3) does not limit the matters to which regard may be had.