Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:2_34jba
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 2 cl 34JBA
Character Range: 26066–28202

34JBA  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 section 34D 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 Passports Act 1938), 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 section 34D in relation to the person;
 (b) an issuing authority refuses to issue a warrant under section 34D in relation to the person;
 (c) if a warrant under section 34D is issued in relation to the person—the period specified in the warrant under paragraph 34D(6)(b) ends;
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 a period specified under paragraph 34D(6)(b) in another warrant that specifies the person to whom the passport was issued; or
 (b) the return of a passport that has been cancelled.

 (4) If a warrant under section 34D 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).