Northern Territory Consolidated Acts

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AUSTRALIAN CRIME COMMISSION (NORTHERN TERRITORY) ACT 2005 - SECT 28

Order for delivery to examiner of passport of witness

    (1)     Subsection (2) applies if, on application by an examiner, a Judge of the Federal Court 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;

        (b)     there are reasonable grounds for believing that the person may be able:

            (i)     to give to the examiner evidence or further evidence that is; or

            (ii)     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.

    (2)     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.

    (3)     If a person appears before a Judge of the Federal Court under an order made under subsection (2), 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.

    (4)     A Judge of the Federal Court may, on 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 (3), but so that the total period for which the examiner is authorised to retain the passport does not exceed 3 months.

    (5)     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, on application made by the person, revoke the order and, if the order is revoked, the examiner must forthwith return the passport to the person.

    (6)     In this section:

"Australia" includes the external Territories.



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