Commonwealth Consolidated Acts Commonwealth Consolidated ActsCourt order for witness to appear before the Court
(1) If a Judge of the Federal Court, sitting in Chambers, is satisfied, on the evidence, that the requirements of paragraphs 88(1)(a), (b) and (c) are met, the Judge may make an order:
(a) requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order; and
(b) requesting the person to show cause why the person should not be ordered to deliver the travel document to the Commissioner.
Court order that witness deliver travel document to Commissioner
(2) If a person appears before the Federal Court as required by an order made under subsection (1), the Court may, if it thinks fit, make an order:
(a) requiring the person to deliver to the Commissioner a travel document that is in the person's possession, custody or control; and
(b) authorising the Commissioner to retain the travel document until the end of the period (not exceeding 1 month) that is specified in the order.
Extension of period that Commissioner may retain travel document
(3) The Federal Court may, upon application by the Commissioner, extend for a further period (of not more than 1 month in each case), the period for which the Commissioner is authorised to retain a travel document. However, the total period for which the Commissioner is authorised to retain the travel document must not exceed 3 months.
Revocation of court order
(4) If the Federal Court makes an order authorising the Commissioner to retain a travel document issued to a person, the person may apply to the Federal Court for the order to be revoked.
(5) If the Federal Court revokes the order, the Commissioner must return the travel document to the person immediately.
Jurisdiction of the Federal Court
(6) The Federal Court has jurisdiction with respect to matters arising under this section.