NATIONAL CRIMES COMMISSION ACT 1982 No. 138, 1982 - SECT 16 Order for delivery to Commission of passport of witness

NATIONAL CRIMES COMMISSION ACT 1982 No. 138, 1982 - SECT 16

16. (1) Where, upon application by the Commission, 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
        Commission, a summons has been issued under this Act requiring a
        person to appear before the Commission at a hearing (whether or not
        the summons has been served), or a person has appeared before the
        Commission 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 Commission evidence or further evidence that is, or to
        produce to the Commission documents or other things or further
        documents or other things that are, relevant to the matter in respect
        of which the Commission 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 Commission.

(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 Commission 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 Commission any passport issued
        to him that is in his possession, custody or control; and

   (b)  authorizing the Commission 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 Commission, extend for a
further period (not exceeding one month) or further periods (not exceeding one
month in each case) the period for which the Commission 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 Commission is authorized to retain the
passport does not exceed 3 months.

(5) The Federal Court has jurisdiction with respect to matters arising under
this section.
(6) In this section, ''Australia'' includes the external Territories.