Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34W

             (1)  If the Director‑General has sought the Minister's consent to request the issue of a warrant under this Division in relation to a person, then, as soon as practicable after that person is notified of that action and of the effect of this subsection, the person must deliver to an enforcement officer every passport that:

                     (a)  is an Australian passport (as defined in the Australian Passports Act 2005 ), or a foreign passport, that has been issued to the person; and

                     (b)  the person has in his or her possession or control.

Penalty:  Imprisonment for 5 years.

             (2)  The Director‑General must cause a passport delivered under subsection (1) to be returned to the person to whom it was issued, as soon as practicable after the first of the following events:

                     (a)  the Minister refuses to consent to request the issue of a warrant under this Division in relation to the person;

                     (b)  an issuing authority refuses to issue a warrant under this Division in relation to the person;

                     (c)  if a warrant under this Division 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 passport to be returned to that person earlier.

             (3)  Subsection (2) does not require:

                     (a)  the return of a passport 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 passport that has been cancelled.

             (4)  If a warrant under this Division is issued in relation to the person, a person approved under subsection 24(1) in relation to the warrant may, after a passport of the first‑mentioned person is delivered under subsection (1) and before it is returned under subsection (2):

                     (a)  inspect or examine the passport; and

                     (b)  make copies or transcripts of it.

             (5)  In this section:

"enforcement officer" means any of the following:

                     (a)  a member of the Australian Federal Police;

                     (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 ).