Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) If, on application by a member, a judge of the Federal Court sitting in chambers is satisfied by evidence on oath that—
(a) in connection with a special investigation, 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; and
(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 possession, custody or control of a passport issued or purported to be issued to the person;
the judge may make an order requiring the person to appear before the Federal Court on a day, and at a time and place, specified in the order to show cause why the person should not be ordered to deliver the passport to the authority.
(2) If a person appears before the Federal Court under an order made under subsection (1), the court may, if it thinks fit, make an order—
(a) requiring the person to deliver to the authority any passport issued or purported to be issued to the person that is in the possession, custody or control of the person; and
(b) authorising the authority to retain the passport until the expiration of the period (not exceeding 1 month) specified in the order.
(3) The Federal Court may, on application by a member, extend for a further period (not exceeding 1 month) or further periods (not exceeding 1 month in each case) the period for which the authority is authorised to retain a passport under an order made under subsection (2), but so that the total period for which the authority is authorised to retain the passport does not exceed 3 months.
(4) The Federal Court may, at any time while the authority is authorised under an order made under this section to retain a passport issued to a person, on application made by the person, revoke the order and, if the order is revoked, the member must return the passport to the person.
(5) The Federal Court has jurisdiction with respect to matters arising under this section.
(6) In this section:
"Australia" includes the external Territories.