Commonwealth Numbered Acts Commonwealth Numbered ActsWhen a return permit must be issued
(1) If a temporary exclusion order is in force in relation to a person, the Minister must issue a permit (a return permit ) under this subsection to the person:
(a) on application by, or on behalf of, the person; or
(b) if the person is to be, or is being, deported or extradited to Australia.
Note: See section 18 for how an application for a return permit can be made.
When a return permit may be issued
(2) If a temporary exclusion order is in force in relation to a person, the Minister may issue a permit (a return permit ) under this subsection to the person if the Minister considers it is appropriate to do so.
Time for issuing a return permit
(3) The return permit must be issued:
(a) if the person applied for the permit under paragraph (1)(a)--within a reasonable period after the Minister received the application; or
(b) if the person is to be, or is being, deported or extradited to Australia--within a reasonable period after the Minister becomes aware of that fact; or
(c) if the Minister decides, under subsection (2), to issue a return permit to the person--within a reasonable period after the Minister makes the decision.
Form and contents of permit
(4) A return permit must:
(a) be in writing; and
(b) specify the name of the person to whom the permit relates; and
(c) specify the day the permit comes into force and the period it remains in force, which must not end more than 12 months after the person enters Australia; and
(d) specify the conditions (if any) imposed on the permit; and
(e) if one or more conditions are imposed on the permit--specify, for each condition, the period during which the condition is in force, which must not end after the permit ceases to be in force; and
(f) set out the effect of the following sections:
(i) sections 17 and 18 (about varying and revoking a return permit);
(ii) section 20 (offence for failing to comply with conditions of permit);
(iii) section 22 (offence for providing false or misleading information or documents); and
(g) state that the person may have review rights in relation to the decision to issue the permit.
Return permit to be served personally
(5) The Minister must cause a copy of the return permit to be served personally:
(a) on the person to whom it relates; and
(b) if the person to whom the permit relates is 14 to 17 years of age--on a parent or guardian of the person.
(6) The Minister must comply with paragraph (5)(b) only if it is reasonably practicable to do so.