Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34w
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34W
Character Range: 42231–44458

34W  Surrender of passport by person in relation to whom warrant is sought

 (1) If the Director‑General has sought the Minister's consent to request the issue of a warrant under this Division in relation to a person, then, as soon as practicable after that person is notified of that action and of the effect of this subsection, the person must deliver to an enforcement officer every passport that:
 (a) is an Australian passport (as defined in the Australian Passports Act 2005), or a foreign passport, that has been issued to the person; and
 (b) the person has in his or her possession or control.

Penalty: Imprisonment for 5 years.

 (2) The Director‑General must cause a passport delivered under subsection (1) to be returned to the person to whom it was issued, as soon as practicable after the first of the following events:
 (a) the Minister refuses to consent to request the issue of a warrant under this Division in relation to the person;
 (b) an issuing authority refuses to issue a warrant under this Division in relation to the person;
 (c) if a warrant under this Division is issued in relation to the person—the end of the period specified in the warrant as the period during which the warrant is to be in force;
but the Director‑General may cause the passport to be returned to that person earlier.

 (3) Subsection (2) does not require:
 (a) the return of a passport during the period specified in another warrant, issued in relation to the person under this Division, as the period during which the other warrant is to be in force; or
 (b) the return of a passport that has been cancelled.

 (4) If a warrant under this Division is issued in relation to the person, a person approved under subsection 24(1) in relation to the warrant may, after a passport of the first‑mentioned person is delivered under subsection (1) and before it is returned under subsection (2):
 (a) inspect or examine the passport; and
 (b) make copies or transcripts of it.

 (5) In this section:

enforcement officer means any of the following:
 (a) a member of the Australian Federal Police;
 (b) an officer of the police force of a State or Territory;
 (c) an officer of Customs (within the meaning of the Customs Act 1901).