Part IB
-
Sentencing, imprisonment and release of federal offenders
History
Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1B
-
Sentencing, imprisonment and release of federal offenders
Division 10
-
Miscellaneous
SECTION 22
Conditions etc. that a court may impose on certain offenders
22(1)
Where a court makes a relevant order or passes a relevant sentence in respect of a person charged with, or convicted of:
(a)
an offence against a law of the Commonwealth or of a Territory, being an offence that is a serious drug offence; or
(b)
a prescribed offence against a law of the Commonwealth or of a Territory;
it may, at the same time or at a later time, order the person to do all or any of the following things:
(c)
to remain in Australia;
(d)
to refrain from applying for, or obtaining, an Australian travel document;
(e)
to surrender possession of any Australian travel document held by the person.
History
S 22(1) amended by No 122 of 2015, s 3 and Sch 1 item 95, by substituting
"
Australian travel document
"
for
"
Australian passport
"
in para (d) and (e), effective 8 October 2015.
S 22(1) amended by No 129 of 2005, s 3 and Sch 1 item 4, by substituting
"
drug
"
for
"
narcotics
"
in para (a), effective 6 December 2005.
22(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.
22(3)
The court may, by order, revoke an order made under subsection (1) or vary such an order as the court sees fit.
22(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 of the Department administered by the Minister administering the
Passports Act 1938
a copy of the order.
History
S 22(4) amended by No 5 of 2011, s 3 and Sch 8 item 2, by substituting
"
Department administered by the Minister administering
"
for
"
Department administering
"
, effective 19 April 2011.
S 22(4) amended by No 5 of 2011, s 3 and Sch 7 item 42, by substituting
"
Secretary of
"
for
"
Secretary to
"
, effective 19 April 2011.
22(5)
If the court makes an order under paragraph (1)(e):
(a)
the Australian travel document must be given to the Registrar or other appropriate officer of the court; and
(b)
the Registrar or officer must cause the Australian travel document to be kept in such custody as he or she thinks fit until:
(i)
the Australian travel document is required to be released under subsection (6); or
(ii)
the Australian travel document is cancelled or expires;
whichever happens first.
History
S 22(5) amended by No 122 of 2015, s 3 and Sch 1 item 96, by substituting
"
Australian travel document
"
for
"
passport
"
(wherever occurring), effective 8 October 2015.
22(6)
If an Australian travel document 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 Australian travel document at that time must, on the application of the person to whom it was issued, cause it to be returned to that person.
History
S 22(6) amended by No 67 of 2016, s 3 and Sch 1 item 15, by substituting
"
an Australian travel document
"
for
"
a Australian travel document
"
, effective 17 November 2016.
S 22(6) amended by No 122 of 2015, s 3 and Sch 1 item 96, by substituting
"
Australian travel document
"
for
"
passport
"
(wherever occurring), effective 8 October 2015.
22(7)
In this section:
narcotic substance
(Repealed by No 129 of 2005)
History
Definition of
"
narcotic substance
"
repealed by No 129 of 2005, s 3 and Sch 1 item 5, effective 6 December 2005. The definition formerly read:
narcotic substance
has the same meaning as in the
Proceeds of Crime Act 2002
.
Definition of
"
narcotic substance
"
inserted by No 86 of 2002, s 3 and Sch 6 item 11, effective 1 January 2003.
possession
(Repealed by No 129 of 2005)
History
Definition of
"
possession
"
repealed by No 129 of 2005, s 3 and Sch 1 item 6, effective 6 December 2005. The definition formerly read:
possession
includes possession for supply.
Definition of
"
possession
"
inserted by No 86 of 2002, s 3 and Sch 6 item 12, effective 1 January 2003.
production
(Repealed by No 129 of 2005)
History
Definition of
"
production
"
repealed by No 129 of 2005, s 3 and Sch 1 item 7, effective 6 December 2005. The definition formerly read:
production
includes growing and manufacture.
Definition of
"
production
"
inserted by No 86 of 2002, s 3 and Sch 6 item 13, effective 1 January 2003.
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 drug offence
means an offence:
(a)
involving, or relating to, controlled substances; and
(b)
punishable by a maximum penalty of imprisonment for 2 years or more.
History
Definition of
"
serious drug offence
"
inserted by No 129 of 2005, s 3 and Sch 1 item 8, effective 6 December 2005.
serious narcotics offence
(Repealed by No 129 of 2005)
History
Definition of
"
serious narcotics offence
"
repealed by No 129 of 2005, s 3 and Sch 1 item 9, effective 6 December 2005. The definition formerly read:
serious narcotics offence
means an offence:
(a)
constituted by the production, possession, supply, importation or export of a narcotic substance; and
(b)
involving a quantity of the narcotic substance that is equal to or greater than the trafficable quantity applicable to the narcotic substance.
Definition of
"
serious narcotics offence
"
substituted by No 86 of 2002, s 3 and Sch 6 item 14, effective 1 January 2003. The definition formerly read:
serious narcotics offence
has the same meaning as in section 7 of the
Proceeds of Crime Act 1987
.
trafficable quantity
(Repealed by No 129 of 2005)
History
Definition of
"
trafficable quantity
"
repealed by No 129 of 2005, s 3 and Sch 1 item 10, effective 6 December 2005. The definition formerly read:
trafficable quantity
, in relation to a narcotic substance, means:
(a)
if paragraph (b) does not apply
-
a trafficable quantity of the substance within the meaning of the
Customs Act 1901
; or
(b)
if the law against which the offence is committed is not the
Customs Act 1901
and that law includes references to trafficable quantity
-
a trafficable quantity of the substance within the meaning of that law.
Definition of
"
trafficable quantity
"
inserted by No 86 of 2002, s 3 and Sch 6 item 15, effective 1 January 2003.
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