Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 28

Order for delivery to examiner of passport of witness

28. Order for delivery to examiner of passport of witness



(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;
        and

   (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 a Judge of
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 person appears before a Judge of the Federal Court under an order
made under subsection (1), the Judge may, if he or she 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)  authorising the examiner to retain the passport until the expiration
        of such period (not exceeding one month) as is specified in the order.

(3) A Judge of 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
authorised to retain a passport under an order made under subsection (2), but
so that the total period for which the examiner is authorised to retain the
passport does not exceed 3 months.

(4) A Judge of the Federal Court may, at any time while the examiner is
authorised under 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 must forthwith return the passport to the
person.

(5) In this section-

Australia includes the external Territories. __________________