NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 24 Order for delivery to Authority of passport of witness

NATIONAL CRIME AUTHORITY ACT 1984 No. 41, 1984 - SECT 24

24. (1) Where, upon application by the Authority, a Judge of the Federal Court
sitting in Chambers is satisfied by evidence on oath that-

   (a)  in connection with an investigation that is being conducted by the
        Authority into a matter that was referred to the Authority, a summons
        has been issued under this Act requiring a person to appear before the
        Authority at a hearing (whether or not the summons has been served),
        or a person has appeared before the Authority at a hearing, 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 Authority evidence or further evidence that is, or to
        produce to the Authority documents or other things or further
        documents or other things that are, relevant to the matter in respect
        of which the Authority is conducting the investigation and could be of
        particular significance to the investigation; and

   (c)  there are reasonable grounds for suspecting that the person intends to
        leave Australia and has in his possession, custody or control a
        passport issued to him, 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 should not be
        ordered to deliver the passport to the Authority.

(2) Where-

   (a)  an order under sub-section (1) 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 has appeared before the Federal Court as required by the order
        under sub-section (1); and

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

Penalty: $5,000 or imprisonment for 2 years.

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

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

   (b)  authorizing the Authority 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 Authority, extend for a
further period (not exceeding one month) or further periods (not exceeding one
month in each case) the period for which the Authority is authorized to retain
a passport in pursuance of an order made under sub-section (3), but so that
the total period for which the Authority is authorized to retain the passport
does not exceed 3 months.

(5) The Federal Court may, at any time while the Authority 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 Authority 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.