Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a competent authority believes on reasonable grounds that:
(a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or
(b) a person (including a person who is in prison) is prevented from travelling internationally by force of:
(i) an order of a court of a foreign country; or
(ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or
(iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.
the competent authority may request the Minister to make an order under section 16 in relation to the person's foreign travel documents.
(2) In this section:
"competent authority" , in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:
(a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or
(aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or
(b) an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or
(c) a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that is specified in a Minister's determination as a competent authority in relation to the circumstance.
Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.
Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.
"prevented from travelling internationally" includes:
(a) required to remain in the foreign country concerned; and
(b) required to surrender a passport or document issued for the purposes of travel; and
(c) not permitted to apply for a passport or document issued for the purposes of travel; and
(d) not permitted to obtain a passport or document issued for the purposes of travel.
"serious foreign offence" means an offence against the law of a foreign country:
(a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or
(b) if the offence does not carry a penalty under the law of the country--the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or
(c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or
(d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister's determination made for the purposes of subparagraph 15(1)(a)(v).