62Order for surrender of passport

62 Order for surrender of passport (1) The ICAC may apply to the Supreme Court if: (a) a notice has been given to a person to attend an examination or public inquiry, whether or not the person has received the notice; and (b) the ICAC believes on reasonable grounds that the person may be able to give evidence that may be relevant to the investigation to which the examination or public inquiry relates; and (c) the ICAC suspects on reasonable grounds that the person intends to leave Australia and has possession or control of a passport, whether Australian or foreign, issued to the person. (2) If satisfied by evidence on oath of the matters mentioned in subsection (1), the Supreme Court may order the person to surrender every passport, whether Australian or foreign, held by the (3) If the Supreme Court makes an order under subsection (2): (a) the passport or passports must be given to the ICAC; and (b) the ICAC may retain the passport or passports for the period, not exceeding 1 month, specified in the order.

Independent Commissioner Against Corruption Act 2017 50 (4) The Supreme Court, on application by the ICAC, may extend for a further period or periods, not exceeding 1 month each, the period for which the ICAC may retain the passport or passports, but not so that the total period of retention exceeds 3 months. (5) On application by the person, the Supreme Court may at any time revoke an order under subsection (2) and, if so, the ICAC must immediately return the passport or passports to the person. (6) As soon as practicable after an order is made under subsection (2), extended under subsection (4) or revoked under subsection (5), the ICAC must give a copy of the order, extension or revocation to the Commonwealth Minister administering the Australian Passports Act 2005 (Cth).