Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 195

195 Passport orders

(1) If an offender is convicted of an offence and the court records a conviction, it may make 1 or more of the orders mentioned in subsection (2) in addition to any other order it may make under this Act.

(2) An order made under subsection (1) may order that the offender—

(a) must remain in Australia or the State; or

(b) must not apply for, or obtain, an Australian passport; or

(c) must surrender any passport held by the offender.

(3) An offender who contravenes an order under subsection (1) commits an offence.

Penalty—

Maximum penalty—2 years imprisonment.

(4) An order under subsection (1) stays in force for the duration of the sentence (whether or not the sentence is one that involves, in whole or part, a term of imprisonment).

(5) The court may, by order, amend an order under subsection (1) .

(6) If the court makes an order under subsection (1) or (5) , the proper officer of the court must, as soon as practicable, give a copy of the order to the secretary to the department of the Commonwealth responsible for matters arising under the Australian Passports Act 2005 (Cwlth) and the Foreign Passports (Law Enforcement and Security) Act 2005 (Cwlth) .

(7) If an order under subsection (1) states that the offender must surrender any passport held by the offender—

(a) the passport must be given to the proper officer of the court; and

(b) the proper officer must cause the passport to be kept in such custody as the proper officer considers appropriate until—

(i) the passport must be returned under subsection (8) ; or

(ii) the authority that issued the passport requests its return;

whichever happens first.

(8) If the passport is still in the custody of the proper officer of the court when the order under subsection (1) finishes, the proper officer must cause it to be returned to the offender.

(9) This section does not affect any other powers of the court.