Tasmanian Consolidated Acts
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AUSTRALIAN CRIME COMMISSION (TASMANIA) ACT 2004 - SECT 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.
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