Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 99

Passport orders

    (1)     Where an offender is convicted of an offence, the court may, in addition to any other order it may make under this Act, order that the offender do any of the following:

        (a)     remain in Australia or the Territory;

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

        (c)     surrender every passport, whether Australian or foreign, held by the offender.

    (2)     An offender who contravenes an order made under subsection (1) is guilty of an offence.

Maximum penalty:     Imprisonment for 2 years.

    (3)     Where a court makes an order under subsection (1)(c):

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

        (b)     the proper officer of the court must keep the passport or passports in such custody as he or she thinks fit for such period, or on the occurrence of any contingency, as is specified by the court; and

        (c)     the passport or passports must, in accordance with the terms specified under paragraph (b), be returned to the offender unless the court orders otherwise.

    (4)     Where a court makes an order under subsection (1)(b) or (c), the proper officer of the court must, as soon as is practicable after the order is made, give a copy of it to the Minister administering the Australian Passports Act 2005 (Cth).

    (5)     An order under subsection (1) remains 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).

    (6)     Where an order under subsection (1) requires the offender to surrender a passport:

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

        (b)     the proper officer must keep the passport in such custody as the proper officer considers appropriate until:

            (i)     the passport is returned under subsection (7); or

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

    whichever happens first.

    (7)     Where a passport is still in the custody of the proper officer of the court when the order under subsection (1) finishes, the proper officer must return it to the offender.



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