Western Australian Current Acts Western Australian Current Acts (1) A court sentencing
an offender for a passport offence or to facilitate a sentence may order that,
for a term set by the court, the offender —
(a) must
remain in Australia; or
(b) must
refrain from applying for, or obtaining, an Australian passport; or
(c) must
surrender possession of any Australian passport held by him or her to an
officer of the court; or
(d) must
do more than one of the above.
(2) The term is
concurrent with the term of any other such order which the offender is subject
to, unless the court orders that it is to be cumulative on any such term.
(3) The court must
immediately send details of the offence and the order to the Secretary to the
department administering the Australian Passports Act 2005 (Commonwealth).
(4) If an Australian
passport is surrendered pursuant to an order under subsection (1), the officer
of the court must keep it in safe keeping until —
(a) the
order ceases to be in force; or
(b) the
passport is cancelled or expires,
whichever happens
first.
(5) After an order
under subsection (1) ceases to be in force, a person who surrendered an
Australian passport pursuant to the order may apply to the court for its
return, and the officer keeping it must return it.
(6) In this subsection
—
passport offence means an offence where —
(a) a
passport is used in the commission of the offence;
(b) the
commission of the offence is aided or facilitated by the use of a passport;
(c) a
passport is used after the commission of the offence to provide, or to attempt
to provide, a means for the offender to leave the place of the commission of
the offence;
(d) a
passport is used by the offender after the commission of the offence to avoid,
or to attempt to avoid, apprehension.
[Section 108 amended: No. 17 of 2014 s. 37(3) and
(4).]