Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34gb
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34GB
Character Range: 130593–132814

34GB  Surrender of travel documents by subject of questioning warrant
 (1) If:
 (a) a questioning warrant is issued; and
 (b) the Director‑General believes on reasonable grounds that:
 (i) the subject of the warrant may leave Australia; and
 (ii) the subject's leaving would be likely to impact on the subject's ability to comply with the warrant;
the Director‑General may cause the subject to be notified of the issue of the warrant and of the effect of subsection (2).
Note: A notice of the issue of a questioning warrant under this subsection may be given under section 34BH or otherwise.
 (2) As soon as practicable after the subject is notified in accordance with subsection (1), the subject must deliver to a person exercising authority under the warrant:
 (a) all Australian travel documents that:
 (i) have been issued to the subject; and
 (ii) are in the subject's possession or control; and
 (b) all passports or other travel documents that:
 (i) have been issued to the subject by or on behalf of the government of a foreign country; and
 (ii) are in the subject's possession or control.
 (3) The subject of a questioning warrant commits an offence if:
 (a) the subject is notified in accordance with subsection (1); and
 (b) the subject fails to comply with subsection (2).
Penalty: Imprisonment for 5 years.
 (4) The Director‑General must cause any document delivered under subsection (2) to be returned to the subject as soon as practicable after the end of the period specified in the warrant as the period during which the warrant is to be in force, but may cause the document to be returned to the subject earlier.
 (5) Subsection (4) does not require:
 (a) the return of a document during the period specified in another warrant, issued in relation to the subject under this Division, as the period during which the other warrant is to be in force; or
 (b) the return of a document that has been cancelled.
 (6) After the subject of a questioning warrant delivers a document under subsection (2) and before the document is returned under subsection (4), a person approved under section 24 in relation to the warrant may:
 (a) inspect or examine the document; and
 (b) make copies or transcripts of it.