Part IB - Sentencing, imprisonment and release of federal offenders  

Division 10 - Miscellaneous  

SECTION 22   Conditions etc. that a court may impose on certain offenders  

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.

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.

The court may, by order, revoke an order made under subsection (1) or vary such an order as the court sees fit.


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.


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.


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.


In this section:

narcotic substance
(Repealed by No 129 of 2005)

(Repealed by No 129 of 2005)

(Repealed by No 129 of 2005)

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

(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.

serious narcotics offence
(Repealed by No 129 of 2005)

trafficable quantity
(Repealed by No 129 of 2005)


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