AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34G Surrender of travel documents by person in relation to whom questioning warrant is sought

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34G

  (1)   If:

  (a)   the Director - General has requested the Attorney - General to issue a questioning warrant in relation to a person; and

  (b)   the Director - General believes on reasonable grounds that:

  (i)   the person may leave Australia; and

  (ii)   the person's leaving would be likely to impact on the person's ability to comply with the questioning warrant;

the Director - General may cause the person to be notified of the request and of the effect of subsection   (2).

  (2)   The person must, as soon as practicable after being notified in accordance with subsection   (1), deliver to an enforcement officer:

  (a)   all Australian travel documents that:

  (i)   have been issued to the person; and

  (ii)   are in the person's possession or control; and

  (b)   all passports or other travel documents that:

  (i)   have been issued to the person by or on behalf of the government of a foreign country; and

  (ii)   are in the person's possession or control.

  (3)   A person commits an offence if:

  (a)   the person is notified in accordance with subsection   (1); and

  (b)   the person fails to comply with subsection   (2).

Penalty:   Imprisonment for 5 years.

  (4)   The Director - General must cause any document delivered under subsection   (2) to be returned to the person to whom it was issued as soon as practicable after:

  (a)   if the Attorney - General refuses to issue a questioning warrant in relation to the person--that refusal; or

  (b)   if a questioning warrant is issued in relation to the person--the end of the period specified in the warrant as the period during which the warrant is to be in force;

but the Director - General may cause the document to be returned to that person earlier.

  (5)   Subsection   (4) does not require:

  (a)   the return of a document during the period specified in another warrant, issued in relation to the person under this Division, as the period during which the other warrant is to be in force; or

  (b)   the return of a document that has been cancelled.

  (6)   If a questioning warrant is issued in relation to the person, a person approved under section   24 in relation to the warrant may, after a document of the first - mentioned person is delivered under subsection   (2) of this section and before it is returned under subsection   (4) of this section:

  (a)   inspect or examine the document; and

  (b)   make copies or transcripts of it.

  (7)   In this section:

"enforcement officer" means any of the following:

  (a)   a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 );

  (b)   an officer of the police force of a State or Territory;

  (c)   an officer of Customs (within the meaning of the Customs Act 1901 ).