South Australian Numbered Acts

AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004 (NO 7 OF 2004) - SECT 28

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 of 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 1 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 1 month) or further periods (not exceeding 1 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.