Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p7
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 16117–18809

of the following things:

  (c)     to remain in Australia;

    (d)     to refrain from applying for, or obtaining, an Australian passport;

    (e)     to surrender possession of any Australian passport held by the person.

"(2) Subject to subsection (3), an order made under subsection (1) has effect during such reasonable period as is specified by the court in the order.

"(3) The court may, by order, revoke an order made under subsection (1) or vary such an order as the court sees fit.

"(4) If the court makes an order under subsection (1) or (3), the Registrar or other appropriate officer of the court, as the case requires, must, as soon as practicable, give to the Secretary to the Department administering the Passports Act 1938 a copy of the order.

  "(5) If the court makes an order under paragraph (1) (e):

    (a)     the passport must be given to the Registrar or other appropriate officer of the court; and

    (b)     the Registrar or officer must cause the passport to be kept in such custody as he or she thinks fit until:

         (i) the passport is required to be released under subsection (6); or

      (ii) the passport is cancelled or expires;

     whichever happens first.

"(6) If a passport surrendered under an order under paragraph (1) (e) is in force when that order ceases to have effect, the person having the custody of the passport at that time must, on the application of the person to whom it was issued, cause it to be returned to that person.

  "(7) In this section:

'relevant order' means an order:

  (a)     remanding a person, whether on bail or in custody; or

    (b)     suspending the sentence passed on a person upon his or her entering into a recognizance; or

(c) releasing the person on conditions under subsection 20 (1);

'relevant sentence' means:

    (a)     a sentence of imprisonment other than a suspended sentence; or

  (b)     a sentence under section 20ab;

'serious narcotics offence' has the same meaning as in section 7 of the Proceeds of Crime Act 1987.

State orders relating to passports

"22a. (1) If, under a law of a State, a court makes an order requiring a person charged with, or convicted of:

  (a)     a serious narcotics offence against a law of that State; or

    (b)     such other serious offence against a law of that State as is specified in the first-mentioned law;

to surrender possession of any Australian passport held by the person, the person must surrender the passport to the Registrar, or other appropriate officer, of the court to be dealt with in accordance with that law.

  "(2) In this section:

'serious narcotics offence' has the same meaning as in section 7 of the Proceeds of