98Court orders

#### 98 Court orders Court order for witness to appear before the Court (1) If a Judge of the Federal Court, sitting in Chambers, is satisfied, on the evidence, that the requirements of paragraphs 97(1)(a), (b) and (c) are met, the Judge may make an order: (a) requiring the person to appear before the Federal Court on a date, and at a time and place, specified in the order; and (b) requesting the person to show cause why he or she should not be ordered to deliver the travel document to the Integrity Commissioner. Offence (2) A person commits an offence if: (a) the person leaves Australia; and (b) an order has been made in relation to the person under subsection (1); and (c) a copy of the order has been served on the person. Penalty: Imprisonment for 2 years. (3) In proceedings for an offence against subsection (2), it is a defence if: (a) the person has appeared before the Federal Court as required by the order referred to in paragraph (2)(b); and (b) if the Court makes an order in relation to the person under paragraph (4)(a)—the person has complied with the terms of the order and any travel document delivered to the Integrity Commissioner in accordance with the order has been returned to the person. Court order that witness deliver travel document to Integrity Commissioner (4) If the person appears before the Federal Court as required by the order made under subsection (1), the Court may, if it thinks fit, make an order: (a) requiring the person to deliver to the Integrity Commissioner a travel document of a kind mentioned in paragraph 97(1)(c) that is in the person’s possession, custody or control; and (b) authorising the Integrity Commissioner to retain the travel document until the end of the period (not exceeding one month) that is specified in the order. Extension of period that Integrity Commissioner may retain travel document (5) The Federal Court may, upon application by the Integrity Commissioner, extend for a further period (of not more than one month), or further periods (of not more than one month in each case), the period for which the Integrity Commissioner is authorised to retain a travel document. However, the total period for which the Integrity Commissioner is authorised to retain the travel document must not exceed 3 months. Revocation of court order (6) If the Federal Court makes an order authorising the Integrity Commissioner to retain a travel document issued to a person, the person may apply to the Federal Court for the order to be revoked. (7) If the Federal Court revokes the order, the Integrity Commissioner must return the travel document to the person immediately. Jurisdiction of the Federal Court (8) The Federal Court has jurisdiction with respect to matters arising under this section. Definition (9) In this section: > Australia includes the external Territories.