Anti-terrorism Act (No. 3) 2004 (125 of 2004)

Schedule 2   Persons in relation to whom ASIO questioning warrants are being sought

Australian Security Intelligence Organisation Act 1979

1   After section 34JB

Insert:

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 thePassports 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 theCustoms Act 1901).

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 theActs 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.