Document ID: chunk:federal_register_of_legislation:C2004A01360:clause:2_34jbb
Version: federal_register_of_legislation:C2004A01360
Segment Type: clause
Provision Reference: sch 2 cl 34JBB
Character Range: 28202–29866

34JBB  Person in relation to whom warrant is sought must not leave Australia without permission

 (1) A person commits an offence if:
 (a) the person has been notified:
 (i) that the Director‑General has sought the Minister's consent to request the issue of a warrant under section 34D in relation to the person; and
 (ii) of the effect of this subsection in connection with that action; and
 (b) the person leaves Australia; and
 (c) the leaving occurs after the person has been notified that the Director‑General has sought the Minister's consent and of the effect of this subsection in connection with that action, and before the first of the following events:
 (i) if the Minister refuses to consent to request the issue of a warrant under section 34D in relation to the person—that refusal;
 (i) if an issuing authority refuses to issue a warrant under section 34D in relation to the person—that refusal;
 (ii) 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; and
 (d) the person does not have written permission from the Director‑General to leave Australia at the time the person leaves Australia.

Penalty: Imprisonment for 5 years.

 (2) The Director‑General may give written permission for a person to leave Australia at a specified time. The permission may be given either unconditionally or subject to specified conditions.

Note 1: The Director‑General may revoke or amend the permission. See subsection 33(3) of the Acts Interpretation Act 1901.

Note 2: If permission is given subject to a condition and the condition is not met, the permission is not in force.