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COUNTER-TERRORISM (TEMPORARY EXCLUSION ORDERS) ACT 2019 - NOTES

No. 53, 2019

Compilation No. 1

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 that shows the text of the law as amended and in force on 14  October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Simplified outline of this Act

4 Definitions

5 Act extends to external Territories

6 Act extends to things outside Australia

7 Act binds the Crown

Part 2--Temporary exclusion orders and return permits

Division 1--Temporary exclusion orders

8 Prohibition on entering Australia if a temporary exclusion order is in force

9 Prohibition on permitting use of a vessel or aircraft by person in relation to whom a temporary exclusion order is in force

10 Making a temporary exclusion order

11 Revoking a temporary exclusion order

12 Application to revoke a temporary exclusion order

13 Period for which a temporary exclusion order is in force

14 Reviewing authority must review the making of a temporary exclusion order

Division 2--Return permits

15 Issuing a return permit

16 Conditions on a return permit

17 Varying and revoking a return permit

18 Applications in relation to a return permit

19 Period for which a return permit is in force

20 Consequences for failing to comply with return permit conditions

21 Permitting use of a vessel or aircraft by person in contravention of return permit conditions

22 Consequences for providing false or misleading information or documents

Part 3--Other matters

23 Reviewing authority

24 Protection of information provided to a reviewing authority

25 Delegation

26 Exclusion of procedural fairness

27 The Administrative Decisions (Judicial Review) Act 1977 does not apply to certain decisions under this Act

28 Interaction with the Australian Security Intelligence Organisation Act 1979

29 Interaction with the Australian Passports Act 2005

30 Severability

31 Annual report on operation of Act

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Counter-Terrorism (Temporary Exclusion Orders) Act 2019

53, 2019

30 July 2019

30 July 2019 (s 2(1) item 1)

 

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024

39, 2024

31 May 2024

Sch 10 (items 15, 16): 14 Oct 2024 (s 2(1) item 2)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 3

 

s 23....................

am No 39, 2024

 


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