Commonwealth Consolidated Acts

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 24

             (1)  Where, upon application by an examiner, a Judge of the Federal Court sitting in Chambers is satisfied by evidence on oath that:

                     (a)  in connection with a special ACC operation/investigation, a summons has been issued under this Act requiring a person to appear before an examiner at an examination (whether or not the summons has been served), or a person has appeared before an examiner at an examination, to give evidence or to produce documents or other things;

                     (b)  there are reasonable grounds for believing that the person may be able to give to the examiner evidence or further evidence that is, or to produce to the examiner documents or other things or further documents or other things that are, relevant to the special ACC operation/investigation and could be of particular significance to the special ACC operation/investigation; and

                     (c)  there are reasonable grounds for suspecting that the person intends to leave Australia and has in his or her possession, custody or control a passport issued to him or her;

the Judge may make an order requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order to show cause why he or she should not be ordered to deliver the passport to the examiner.

             (2)  Where:

                     (a)  an order under subsection (1) or a corresponding provision of a law of a State has been made in respect of a person; and

                     (b)  a copy of that order has been served upon the person;

the person shall not leave Australia unless:

                     (c)  he or she has appeared before the Federal Court as required by the order referred to in paragraph (a); and

                     (d)  if the Court makes an order in respect of him or her under paragraph (3)(a)--he or she has complied with the terms of that order and any passport delivered by him or her to the examiner in accordance with that order has been returned to him or her.

Penalty:  50 penalty units or imprisonment for 2 years.

             (3)  Where a person appears before the Federal Court in pursuance of an order made under subsection (1), the Court may, if it thinks fit, make an order:

                     (a)  requiring the person to deliver to the examiner any passport issued to him or her that is in his or her possession, custody or control; and

                     (b)  authorizing the examiner to retain the passport until the expiration of such period (not exceeding one month) as is specified in the order.

             (4)  The Federal Court may, upon application by the examiner, extend for a further period (not exceeding one month) or further periods (not exceeding one month in each case) the period for which the examiner is authorized to retain a passport in pursuance of an order made under subsection (3), but so that the total period for which the examiner is authorized to retain the passport does not exceed 3 months.

             (5)  The Federal Court may, at any time while the examiner is authorized in pursuance of an order made under this section to retain a passport issued to a person, upon application made by the person, revoke the order and, if the order is revoked, the examiner shall forthwith return the passport to the person.

             (6)  The Federal Court has jurisdiction with respect to matters arising under this section.

             (7)  In this section, Australia includes the external Territories.