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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Passports Bill 2004
No. ,
2004
(Foreign
Affairs)
A Bill for an Act to provide for
Australian passports, and for related purposes
Contents
A Bill for an Act to provide for Australian passports,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Passports Act
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Sections 3 to 58 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 9
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
The principal object of this Act is to provide for the issue and
administration of Australian passports, to be used as evidence of identity and
citizenship by Australian citizens who are travelling internationally.
This Act extends to the external Territories.
This Act extends, unless the contrary intention appears:
(a) to acts, omissions, matters and things outside Australia;
and
(b) to all persons, irrespective of their nationality or
citizenship.
(1) In this Act, unless the contrary intention appears:
Australia, when used in a geographical sense, includes the
external Territories.
Australian passport means a passport issued under this
Act.
Note: Australian passports must be issued in forms approved
by the Minister (see subsection 53(2)). These forms may include diplomatic,
official and emergency passports.
Australian travel document means an Australian passport or a
travel-related document.
child means a person who is under 18 and who has never been
married.
competent authority means a competent authority for the
purposes of section 12, 13, 14 or 16.
conduct has the same meaning as in the Criminal
Code.
document includes:
(a) any paper or other material on which there is writing; or
(b) any paper or other material on which there are marks, figures, symbols
or perforations that are:
(i) capable of being given a meaning by persons qualified to interpret
them; or
(ii) capable of being responded to by a computer, a machine or an
electronic device; or
(c) any article or material from which information is capable of being
reproduced with or without the aid of any other article or device.
Note: A disk, tape or chip is an example of an article from
which information is capable of being reproduced.
engage in conduct has the same meaning as in the Criminal
Code.
Minister’s determination means an instrument made by
the Minister for the purposes of this Act under section 57.
officer means any of the following:
(a) an APS employee in the Department;
(b) a member of the diplomatic staff of an Australian mission, being a
person who is a member of the diplomatic staff of the mission within the meaning
of the Vienna Convention on Diplomatic Relations;
(c) a consular officer of an Australian consulate, being a person who is a
consular officer (but not an honorary consular officer) within the meaning of
the Vienna Convention on Consular Relations;
(d) an officer of Customs within the meaning of the Customs Act
1901;
(e) a member or a special member of the Australian Federal
Police;
(f) an officer of the police force of a State or Territory;
(g) a person, or a person who is one of a class of persons, authorised in
writing by the Minister under section 52.
Note 1: The text of the Vienna Convention on Diplomatic
Relations is set out in Australian Treaty Series 1968 No. 3. In 2004 this
was available in the Australian Treaties Library of the Department of Foreign
Affairs and Trade, accessible on the Internet through that Department’s
world-wide web site.
Note 2: The text of the Vienna Convention on Consular
Relations is set out in Australian Treaty Series 1973 No. 7. In 2004 this
was available in the Australian Treaties Library of the Department of Foreign
Affairs and Trade, accessible on the Internet through that Department’s
world-wide web site.
personal information has the same meaning as in the
Privacy Act 1988.
refusal/cancellation request has the meaning given in
section 18.
travel-related document means a document issued under
section 9.
(2) For the purposes of this Act, if an overseas child order within the
meaning of section 70F of the Family Law Act 1975 is registered in
accordance with regulations made under section 70G of that Act, the order
has the same force and effect as if it were an order of the Family Court of
Australia made in accordance with that Act.
(1) An Australian citizen is entitled, on application to the Minister, to
be issued with an Australian passport by the Minister.
(2) An Australian citizen’s entitlement to be issued with an
Australian passport is affected by section 8 and by
Division 2.
(3) An application for an Australian passport must be:
(a) made in the form approved by the Minister; and
(b) accompanied by the applicable fee (if any).
Before issuing an Australian passport to a person, the Minister must be
satisfied:
(a) that the person is an Australian citizen; and
(b) of the identity of the person.
Note: See sections 42 and 43 for details about how the
Minister satisfies himself or herself of an Australian passport
applicant’s citizenship and identity.
(1) The Minister may, on application by or on behalf of a person, and in
the circumstances specified in a Minister’s determination, issue the
person with a document of a kind specified in a Minister’s determination,
being a document issued for the purposes of travel.
Note: Convention travel documents, certificates of identity,
documents of identity and provisional travel documents are examples of these
kinds of documents.
(2) Subsection (1) is subject to section 10.
(3) An application for a travel-related document must be:
(a) made in the form approved by the Minister; and
(b) accompanied by the applicable fee (if any).
Before issuing a travel-related document to a person, the Minister must
be satisfied of the identity of the person.
(1) The Minister must not issue an Australian passport to a child
unless:
(a) each person who has parental responsibility for the child consents to
the child travelling internationally; or
(b) an order of a court of the Commonwealth, a State or a Territory
permits the child to travel internationally.
(2) Subsection (1) does not prevent the Minister from issuing an
Australian passport to a child if:
(a) circumstances specified in a Minister’s determination as special
circumstances exist; or
(b) the Minister is satisfied that the child’s welfare (physical or
psychological) would be adversely affected if the child were not able to travel
internationally; or
(c) the Minister is satisfied that:
(i) the child urgently needs to travel internationally because of a family
crisis; and
(ii) if there is a person who has parental responsibility for the child
and whose consent to the child travelling internationally has not been
given—it is not possible to contact that person within a reasonable
period; or
(d) in the case of a child who is outside Australia—the child
departed Australia less than 12 months before the application for the passport
was made and the Minister considers that a passport should be issued to enable
the child’s return to Australia.
(3) If the Minister refuses to issue a passport to a child, the Minister
may declare that he or she is refusing to exercise the discretion under
subsection (2) because the matter should be dealt with by a
court.
Note: For example, the Minister may make a declaration under
this section if the persons who have parental responsibility for the child
disagree about the child travelling internationally.
(4) For the purposes of subsection (1), a reference to:
(a) a person consenting to a child travelling internationally includes a
reference to a person consenting to the issue of an Australian passport to the
child; or
(b) an order of a court permitting a child to travel internationally
includes a reference to an order permitting:
(i) the issue of an Australian passport to the child; or
(ii) contact outside Australia between the child and another
person.
(5) For the purposes of this section, a person has parental
responsibility for a child if, and only if:
(a) the person:
(i) is the child’s parent (including a person who is presumed to be
the child’s parent because of a presumption (other than in
section 69Q) in Subdivision D of Division 12 of Part VII of the
Family Law Act 1975); and
(ii) has not ceased to have parental responsibility for the child because
of an order made under the Family Law Act 1975; or
Note: The presumptions in the Family Law Act 1975
include a presumption arising from a court finding that a person is the
child’s parent, and a presumption arising from a man executing an
instrument under law acknowledging that he is the father of the
child.
(b) the person has a residence order or a contact order in relation to the
child; or
(c) the person has a specific issues order in relation to the child under
which the person is responsible for the minor’s long-term or day-to-day
care, welfare and development; or
(d) the person is entitled to guardianship or custody of, or access to,
the child under a law of the Commonwealth, a State or a Territory.
(6) In this section:
contact order has the meaning given by the Family Law Act
1975.
residence order has the meaning given by the Family Law
Act 1975.
specific issues order has the meaning given by the Family
Law Act 1975.
(1) If a competent authority believes on reasonable grounds
that:
(a) a person is the subject of an arrest warrant issued in Australia in
respect of an indictable offence against a law of the Commonwealth, a State or
Territory; or
(b) a person (including a person who is in prison) is prevented from
travelling internationally by force of:
(i) an order of a court of the Commonwealth, a State or Territory;
or
(ii) a condition of parole, or of a recognisance, surety, bail bond or
licence for early release from prison, granted under a law of the Commonwealth,
a State or Territory; or
(iii) a law of the Commonwealth, or an order or other direction (however
described) under a law of the Commonwealth;
the competent authority may make a refusal/cancellation request in relation
to the person.
Note: See also Subdivision D.
(2) If a competent authority makes a request under subsection (1),
the Minister must not issue an Australian passport to the person.
(3) In this section:
competent authority, in relation to a circumstance mentioned
in paragraph (1)(a) or (b), means:
(a) a person who has responsibility for, or powers, functions or duties in
relation to, that circumstance under a law of the Commonwealth, a State or
Territory (other than a person who is specified in a Minister’s
determination as not being a competent authority in relation to the
circumstance); or
(b) a person specified in a Minister’s determination as a competent
authority in relation to the circumstance.
prevented from travelling internationally includes:
(a) required to remain in Australia; and
(b) required to surrender an Australian passport; and
(c) not permitted to apply for an Australian passport; and
(d) not permitted to obtain an Australian passport.
(1) If a competent authority believes on reasonable grounds
that:
(a) a person is the subject of an arrest warrant issued in a foreign
country in respect of a serious foreign offence; or
(b) a person (including a person who is in prison) is, in connection with
a serious foreign offence, prevented from travelling internationally by force
of:
(i) an order of a court of a foreign country; or
(ii) a condition of parole, or of a recognisance, surety, bail bond or
licence for early release from prison, granted under a law of a foreign country,
or other similar arrangement made under a law of a foreign country; or
(iii) a law of a foreign country, or an order or other direction (however
described) under a law of a foreign country;
(c) if an Australian passport were issued to a person, it is likely that
proceedings (of any kind) under a law of a foreign country in relation to a
serious foreign offence that the person committed, or is alleged to have
committed, would be compromised;
the competent authority may make a refusal/cancellation request in relation
to person.
Note: See also Subdivision D.
(2) If a competent authority makes a request under subsection (1),
the Minister may refuse to issue an Australian passport to the person.
(3) In this section:
competent authority, in relation to a circumstance mentioned
in paragraph (1)(a) or (b), means:
(a) an officer within the meaning of paragraph (a), (b) or (c) of the
definition of officer in subsection 6(1); or
(b) an employee of the Commonwealth who is specified in a Minister’s
determination as a competent authority in relation to the circumstance;
or
(c) an agency (within the meaning of the Financial Management and
Accountability Act 1997) that is specified in a Minister’s
determination as a competent authority in relation to the
circumstance.
prevented from travelling internationally includes:
(a) required to remain in the foreign country concerned; and
(b) required to surrender a passport; and
(c) not permitted to apply for a passport; and
(d) not permitted to obtain a passport.
serious foreign offence means an offence against the law of a
foreign country:
(a) for which the maximum penalty is death or imprisonment, or other
deprivation of liberty, for a period of not less than 12 months; or
(b) if the offence does not carry a penalty under the law of the
country—the conduct constituting which is, under a treaty to which the
country and Australia are parties (being a treaty relating in whole or in part
to the surrender of persons accused or convicted of offences), required to be
treated as an offence for which the surrender of persons is allowed by the
country or Australia; or
(c) the conduct constituting which would, if engaged in in Australia,
constitute an indictable offence against this Act; or
(d) the conduct constituting which would, if engaged in in Australia,
constitute an offence specified in a Minister’s determination made for the
purposes of subparagraph 14(1)(a)(v).
(1) If a competent authority suspects on reasonable grounds
that:
(a) if an Australian passport were issued to a person, the person would be
likely to engage in conduct that:
(i) might prejudice the security of Australia or a foreign country;
or
(ii) might endanger the health or physical safety of other persons
(whether in Australia or a foreign country); or
(iii) might interfere with the rights or freedoms of other persons
(whether in Australia or a foreign country) set out in the International
Covenant on Civil and Political Rights; or
(iv) might constitute an indictable offence against this Act; or
(v) might constitute an indictable offence against a law of the
Commonwealth, being an offence specified in a Minister’s determination;
and
(b) the person should be refused an Australian passport in order to
prevent the person from engaging in the conduct;
the competent authority may make a refusal/cancellation request in relation
to the person.
Note 1: The text of the International Covenant on Civil and
Political Rights is set out in Australian Treaty Series 1980 No. 23. In
2004 this was available in the Australian Treaties Library of the Department of
Foreign Affairs and Trade, accessible on the Internet through that
Department’s world-wide web site.
Note 2: See also Subdivision D.
(2) If a competent authority makes a request under subsection (1),
the Minister may refuse to issue the person an Australian passport.
(3) In this section:
competent authority:
(a) in relation to a circumstance mentioned in subsection (1) that
relates to Australia, means:
(i) a person who has responsibility for, or powers, duties or functions in
relation to, the circumstance under a law of the Commonwealth, a State or
Territory (other than a person who is specified in a Minister’s
determination as not being a competent authority in relation to the
circumstance); or
(ii) a person specified in a Minister’s determination as a competent
authority in relation to the circumstance; or
(b) in relation to a circumstance mentioned in subsection (1) that
relates to a foreign country, means:
(i) an officer within the meaning of paragraph (a), (b) or (c) of the
definition of officer in subsection 6(1); or
(ii) an employee of the Commonwealth who is specified in a
Minister’s determination as a competent authority in relation to the
circumstance; or
(iii) an agency (within the meaning of the Financial Management and
Accountability Act 1997) that is specified in a Minister’s
determination as a competent authority in relation to the
circumstance.
The Minister may refuse to issue an Australian passport to a person if,
in the 5 years before the passport application under consideration is made, 2 or
more Australian passports issued to the person have been lost or
stolen.
(1) If a competent authority believes on reasonable grounds that a person
(the debtor) owes money to the Commonwealth in respect
of:
(a) expenses incurred by the Commonwealth on behalf of the debtor in a
foreign country; or
(b) money lent to the debtor by the Commonwealth when the debtor was
outside Australia; or
(c) expenses incurred by the Commonwealth in, or in connection with,
effecting the debtor’s departure from a foreign country;
the competent authority may make a refusal/cancellation request in relation
to the debtor.
Note: See also Subdivision D.
(2) If a competent authority makes a request under subsection (1),
the Minister must not issue an Australian passport to the debtor.
(3) Subsection (2) does not prevent the Minister from issuing an
Australian passport to the debtor if the Minister is satisfied:
(a) that the debtor’s welfare (physical or psychological) would be
adversely affected if the debtor were not able to travel internationally;
or
(b) that the debtor urgently needs to travel internationally because of a
family crisis.
(4) In this section:
competent authority, in relation to a debtor, means a person
who has authority to incur expenses on behalf of, or lend money to, the debtor
on behalf of the Commonwealth.
(1) The Minister must not issue an Australian passport to a person if the
person has already been issued with an Australian travel document and that
document is still valid.
(2) Subsection (1) does not prevent the Minister from issuing an
Australian passport to the person in the circumstances specified in a
Minister’s determination.
(1) For the purposes of this Act, a refusal/cancellation
request is a request made to the Minister under subsection 12(1), 13(1),
14(1) or 16(1) by a competent authority, being a request that the Minister do
either or both of the following:
(a) refuse to issue an Australian passport to a person;
(b) cancel an Australian passport or travel-related document that has been
issued to a person.
(2) A competent authority may make a refusal/cancellation request in
relation to a person:
(a) whether or not the person has applied for an Australian passport;
and
(b) whether or not an Australian travel document has been issued to the
person; and
(c) whether or not the person is an Australian citizen.
(3) To avoid doubt, a competent authority may suspect on reasonable
grounds that circumstances in subsection 14(1) apply in relation to a person,
even if the competent authority knows that the person has already been issued
with an Australian passport.
The Minister must not act on a refusal/cancellation request if that
request:
(a) has been withdrawn by the competent authority who made it;
or
(b) can no longer be regarded as current in accordance with the
Department’s usual administrative practices.
(1) An Australian passport ceases to be valid:
(a) in accordance with a determination made for the purposes of
subsection (2); or
(b) when cancelled under this Division;
whichever happens first.
(2) A Minister’s determination may specify the time at which, or
circumstances in which, Australian passports cease to be valid.
A travel-related document ceases to be valid:
(a) in accordance with a Minister’s determination made in relation
to a document of that kind for the purposes of subsection 9(1); or
(b) at the time specified on the document; or
(c) when cancelled under this Division;
whichever happens first.
(1) The Minister may cancel an Australian travel document.
(2) Without limiting subsection (1), the Minister may cancel an
Australian travel document that has been issued to a person if:
(a) the document is still valid at the time when the person applies for,
or is issued with, another Australian travel document; or
(b) the document has been lost or stolen; or
(c) the person dies; or
(d) a competent authority makes a refusal/cancellation request in relation
to the person; or
(e) if the document is an Australian passport—the Minister becomes
aware of a circumstance that would have required or permitted the Minister to
refuse to issue an Australian passport to the person because of section 8,
11 or 17, had the Minister been aware of the circumstance immediately before the
document was issued; or
(f) if the document is a travel-related document—the Minister
becomes aware of a circumstance that would have required the Minister to refuse
to issue a travel-related document to the person:
(i) because of section 10; or
(ii) because a Minister’s determination made for the purposes of
subsection 9(1) in relation to that kind of travel-related document no longer
applies; or
(g) circumstances specified in a Minister’s determination
exist.
(1) An officer may demand that a person surrender a document to the
officer if:
(a) the document is an Australian travel document that has been obtained,
or that the officer suspects on reasonable grounds has been obtained, by means
of a false or misleading statement, false or misleading information or a false
or misleading document; or
(b) the document is an Australian travel document or other document that
has been used, or that the officer suspects on reasonable grounds has been used,
in the commission of an offence against this Act.
(2) A person commits an offence if:
(a) an officer demands under subsection (1) that the person surrender
a document; and
(b) the officer informs the person that the officer is authorised to
demand that document; and
(c) the officer informs the person that it may be an offence not to comply
with the demand; and
(d) the person has possession or control of the document; and
(e) the person fails to surrender the document to the officer
immediately.
Penalty: Imprisonment for 1 year or 20 penalty units, or both.
(1) An officer may demand that a person surrender an Australian travel
document to the officer if:
(a) the document has been cancelled; or
(b) the document has otherwise ceased, under section 20 or 21, to be
valid.
(2) A person commits an offence if:
(a) an officer demands under subsection (1) that the person surrender
an Australian travel document; and
(b) the officer informs the person that the officer is authorised to
demand that document; and
(c) the officer informs the person that it may be an offence not to comply
with the demand; and
(d) the person has possession or control of the document; and
(e) the person fails to surrender the document to the officer
immediately.
Penalty: Imprisonment for 1 year or 20 penalty units, or both.
(1) An officer may demand that a person surrender an Australian travel
document to the officer if the officer suspects on reasonable grounds that the
person owes money to the Commonwealth in respect of:
(a) expenses incurred by the Commonwealth on behalf of the person in a
foreign country; or
(b) money lent to the person by the Commonwealth when the person was
outside Australia; or
(c) expenses incurred by the Commonwealth in, or in connection with,
effecting the person’s departure from a foreign country.
(2) A person commits an offence if:
(a) an officer demands under subsection (1) that the person surrender
the person’s Australian travel document; and
(b) the officer informs the person that the officer is authorised to make
the demand; and
(c) the officer informs the person that it may be an offence not to comply
with the demand; and
(d) the person has possession or control of the document; and
(e) the person fails to surrender the document to the officer
immediately.
Penalty: Imprisonment for 1 year or 20 penalty units, or both.
(1) A Customs officer may seize a document if:
(a) the document is not in the possession or control of any individual;
and
(b) the officer suspects on reasonable grounds that the document is an
Australian travel document or other document that has been used in the
commission of an offence against this Act.
(2) If:
(a) a Customs officer suspects on reasonable grounds that a document that
has been used in the commission of an offence against this Act is inside a
container; and
(b) the container is not in the possession or control of any
individual;
the officer may search the container for the purposes of determining
whether such a document is inside.
(3) This section does not authorise a Customs officer to enter premises
that the officer would not otherwise be authorised to enter.
(4) In this section:
container includes baggage, a mail receptacle, and any other
thing that could be used for the carriage of goods (whether or not designed for
that purpose).
Customs officer means an officer within the meaning of
paragraph (d) of the definition of officer in subsection
6(1).
Note 1: An offence against this Act that is punishable by a
term of imprisonment of more than one year is an indictable offence (see
section 4G of the Crimes Act 1914).
Note 2: In certain circumstances, an indictable offence may
be tried summarily (see section 4J of the Crimes Act
1914).
Note 3: Some offences are also contained in
Part 3.
In this Part, unless the contrary intention appears:
dishonest, in relation to a person’s conduct,
means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the person to be dishonest according to the standards of
ordinary people.
false Australian travel document:
(a) means a document:
(i) that is not an Australian passport but that purports to be an
Australian passport; or
(ii) that is not a travel-related document but that purports to be a
travel-related document; and
(b) includes a document that is an Australian travel document that has
been altered by a person who is not authorised to alter that document.
Section 15.4 of the Criminal Code (extended geographical
jurisdiction—category D) applies to offences against this
Act.
(1) A person commits an offence if:
(a) the person makes a statement (whether orally, in writing or any other
way) to another person; and
(b) the statement:
(i) is false or misleading; or
(ii) omits any matter or thing without which the statement is misleading;
and
(c) the statement is made in, or in connection with, an application for an
Australian travel document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply:
(a) as a result of subparagraph (1)(b)(i)—if the statement is
not false or misleading in a material particular; or
(b) as a result of subparagraph (1)(b)(ii)—if the statement did
not omit any matter or thing without which the statement is misleading in a
material particular.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person commits an offence if:
(a) the person gives information to another person; and
(b) the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is
misleading; and
(c) the information is given in, or in connection with, an application for
an Australian travel document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply:
(a) as a result of subparagraph (1)(b)(i)—if the information is
not false or misleading in a material particular; or
(b) as a result of subparagraph (1)(b)(ii)—if the information
did not omit any matter or thing without which the statement is misleading in a
material particular.
Note: The defendant bears an evidential burden in relation
to the matters in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person commits an offence if:
(a) the person produces a document to another person; and
(b) the document is false or misleading; and
(c) the document is produced in, or in connection with, an application for
an Australian travel document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply if the document is not false or
misleading in a material particular.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) Subsection (1) does not apply to a person who produces a document
if the document is accompanied by a written statement signed by the person (or,
in the case of a body corporate, by a competent officer of the body
corporate):
(a) stating that the document is, to the knowledge of the first-mentioned
person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the
document is, to the knowledge of the first-mentioned person, false or
misleading.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(1) A person commits an offence if:
(a) the person uses an Australian travel document in connection with
travel or identification; and
(b) the document has been cancelled.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) A person commits an offence if:
(a) the person uses an Australian travel document in connection with
travel or identification; and
(b) the document was not issued to the person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(3) A person commits an offence if:
(a) the person provides another person with an Australian travel document
that was issued to the first-mentioned person; and
(b) the person is reckless as to whether the document is or will be used
by the other person in connection with travel or identification.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(4) A person commits an offence if:
(a) the person has possession or control of an Australian travel document;
and
(b) the person knows that the document was not issued to the
person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(5) Subsections (1), (2), (3) and (4) do not apply if the person has
a reasonable excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (5). See subsection 13.3(3) of the Criminal
Code.
A person commits an offence if the person sells an Australian travel
document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct damages or destroys an Australian travel
document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person commits an offence if:
(a) the person obtains an Australian travel document; and
(b) the person does so:
(i) dishonestly; or
(ii) by threats.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) In a prosecution for an offence against this section, the
determination of dishonesty is a matter for the trier of fact.
(3) In this section:
obtain includes:
(a) obtain for another person; and
(b) induce a third person to do something that results in another person
obtaining.
threat includes a threat that is:
(a) express or implied; or
(b) conditional or unconditional.
(1) A person commits an offence if:
(a) the person has possession or control of a document; and
(b) the person knows that the document is a false Australian travel
document.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person commits an offence if:
(a) the person:
(i) brings a document into a country; or
(ii) takes a document out of a country; or
(iii) sends a document to or from a country; and
(b) the person knows that:
(i) the document is a false Australian travel document; or
(ii) the document is an Australian travel document that was not issued to
the person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
A person commits an offence if:
(a) the person is an officer to whom the Minister has delegated the
function of issuing Australian passports; and
(b) the person issues an Australian passport; and
(c) the person knows that the issue of the passport is contrary to a
provision of this Act.
Penalty: Imprisonment for 10 years, or 1,000 penalty units, or
both.
A person commits an offence if:
(a) the person is an officer to whom the Minister has delegated the
function of issuing travel-related documents; and
(b) the person issues a travel-related document; and
(c) the person knows that the issue of the document:
(i) is contrary to this Act; or
(ii) is contrary to a Minister’s determination.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(1) An officer commits an offence if:
(a) the officer:
(i) exercises any influence that the officer has in the officer’s
capacity as an officer under this Act; or
(ii) engages in any conduct in the exercise of the officer’s duties
as such an officer; and
(b) the officer does so with the intention of:
(i) dishonestly obtaining a benefit for himself or herself or any other
person; or
(ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
both.
(2) In a prosecution for an offence against subsection (1), the
determination of dishonesty is a matter for the trier of fact.
(3) In this section:
benefit includes any advantage and is not limited to
property.
detriment includes any disadvantage and is not limited to
personal injury or to loss of, or damage to, property.
obtain includes:
(a) obtain for another person; and
(b) induce a third person to do something that results in another person
obtaining.
A person commits an offence if:
(a) an Australian travel document issued to the person is lost or stolen;
and
(b) the person knows that the document has been either lost or stolen;
and
(c) the person fails to report the loss or theft to an officer as soon as
practicable after the first time the person knows that the document has been
either lost or stolen.
Penalty: Imprisonment for 1 year or 20 penalty units, or
both.
Information that may be disclosed to the Minister
(1) For the purposes of performing functions under this Act, the Minister
may request:
(a) an applicant for an Australian travel document; or
(b) a person mentioned in an application for an Australian travel
document; or
(c) a person to whom an Australian travel document has been issued;
or
(d) a competent authority; or
(e) a person specified in a Minister’s determination;
to disclose to the Minister, or a delegate of the Minister, personal
information about:
(f) an applicant for an Australian travel document, or a person who is
connected with an applicant or an application; or
(g) a person to whom an Australian travel document has been
issued.
(2) If a person mentioned in paragraph (1)(b), (d) or (e) holds the
information under a law of the Commonwealth, the Minister may direct the person
to disclose the information.
(3) For the purposes of:
(a) paragraph (1)(d) of Information Privacy Principle 11 in
section 14 of the Privacy Act 1988; and
(b) paragraph 2.1(g) of National Privacy Principle 2 in Schedule 3 to
the Privacy Act 1988; and
(c) a provision of a law of a State or Territory that provides that
information that is personal may be disclosed if the disclosure is authorised by
law;
the disclosure of information by a person in response to a request or
direction under this section is taken to be a disclosure that is required or
authorised by law.
(4) Nothing in this section has the effect of authorising a disclosure
that, despite subsection (3), is prevented by a law of the Commonwealth, a
State or Territory.
Information that may be disclosed by the Minister
(5) For the purposes of performing functions under this Act, the Minister
may disclose personal information to a person specified in a Minister’s
determination.
(1) A Minister’s determination may specify kinds of personal
information that may be requested by the Minister for the purposes of
Part 2.
(2) This section does not prevent the Minister from requesting under
subsection 42(1) information that is not specified in a determination made for
the purposes of subsection (1) of this section.
(1) A Minister’s determination may specify that personal
information:
(a) of a kind specified in the instrument; and
(b) that the Minister may request under subsection 42(1);
is to be disclosed in a particular manner or particular form.
(2) A Minister’s determination made for the purposes of
subsection (1) may specify that, if information covered by the instrument
is not disclosed in the manner or form specified:
(a) the information is taken not to have been disclosed; or
(b) in specified circumstances, the information is taken not to have been
disclosed.
(3) A Minister’s determination made for the purposes of
subsection (1) may specify circumstances in which information covered by
the instrument, despite not being disclosed in the manner or form specified, is
still taken to have been disclosed.
The Minister may disclose personal information, of a kind specified in a
Minister’s determination, to a person specified in a Minister’s
determination, for the purpose of informing that person about the status of an
Australian travel document.
On request, the Minister may disclose personal information, of a kind
specified in a Minister’s determination, to a person specified in a
Minister’s determination, for any of the following purposes:
(a) confirming or verifying information relating to an applicant for an
Australian travel document or a person to whom an Australian travel document has
been issued;
(b) facilitating or otherwise assisting the international travel of a
person to whom an Australian travel document has been issued;
(c) law enforcement;
(d) the operation of family law and related matters;
(e) the purposes of a law of the Commonwealth specified in a
Minister’s determination.
Note: Information disclosed under this section must be dealt
with in accordance with section 14 of the Privacy Act 1988
(including Information Privacy Principles 4(b) and 11.3).
(1) A Minister’s determination may specify methods (including
technologies) that are to be used:
(a) for the purposes of confirming the validity of evidence of the
identity of an applicant for an Australian travel document or a person to whom
an Australian travel document has been issued; or
(b) for performing other functions in connection with this Act.
Note: Any personal information collected as part of using a
method specified in a determination must be dealt with in accordance with
section 14 of the Privacy Act 1988 (including Information Privacy
Principles 1 and 4).
(2) The determination may provide for:
(a) the circumstances in which the methods are to be used; and
(b) any other matters relating to use, or the consequences of use, of the
methods.
(3) If the determination relates to the use of personal information, the
determination must specify the nature of the personal information and the
purposes for which it may be used.
(4) Subsection (1) does not imply that methods or technologies not
specified in a Minister’s determination must not be used for performing
functions in connection with this Act.
For the purposes of this Division, the following decisions under this Act
are reviewable decisions:
(a) a decision to issue an Australian travel document (other than a
decision to issue an Australian passport to a child);
(b) a decision to refuse to issue an Australian travel document (other
than a decision in relation to which a declaration under subsection 11(3) has
been made or a decision made because of subsection 12(2));
(c) a decision to cancel an Australian travel document;
(d) a decision that an Australian travel document is one to which
paragraph 23(1)(a) or (b) applies;
(e) a decision under section 24 to demand the surrender of a
cancelled or invalid Australian travel document;
(f) a decision under section 25 to demand the surrender of an
Australian travel document;
(g) a decision to extend, or not to extend, the time for making an
application under section 49;
(h) a decision under subsection 49(4);
(i) a decision not to waive an application fee imposed under the
Australian Passports (Application Fees) Act 2004;
(j) a decision not to refund an application fee imposed under the
Australian Passports (Application Fees) Act 2004;
(k) a decision to refund part of an application fee imposed under the
Australian Passports (Application Fees) Act 2004.
Note: Under section 27A of the Administrative
Appeals Tribunal Act 1975, the decision-maker must give to persons whose
interests are affected by the decision a notification of the making of the
decision and of their right to have the decision reviewed. In notifying any such
persons, the decision-maker must have regard to the Code of Practice determined
under section 27B of that Act.
(1) If:
(a) a reviewable decision is made by a delegate of the Minister;
and
(b) the decision is not a decision under subsection (4);
a person affected by the decision may apply in writing to the Minister for
review of the decision.
(2) An application for review of a decision must be made within 28 days
after the person is notified of the decision (or such longer period as the
Minister allows, whether before or after the end of the 28 days).
(3) An application for review of a decision must set out the reasons for
making the application.
(4) After receiving an application for review of a decision, the Minister
must review the decision and:
(a) affirm the decision under review; or
(b) vary the decision under review; or
(c) set aside the decision under review and make a decision in
substitution for it.
Note: Under section 27A of the Administrative
Appeals Tribunal Act 1975, the decision-maker must give to persons whose
interests are affected by the decision a notification of the making of the
decision and of their right to have the decision reviewed. In notifying any such
persons, the decision-maker must have regard to the Code of Practice determined
under section 27B of that Act.
(1) If a reviewable decision is made:
(a) by the Minister; or
(b) under subsection 49(4) by a delegate of the Minister;
application may be made to the Administrative Appeals Tribunal for review
of that decision.
(2) The Minister may, if the Minister makes:
(a) a decision in response to a refusal/cancellation request made under
subsection 13(1) or 14(1); or
(b) a decision under subsection 49(4) on review of a decision made by a
Minister’s delegate in response to a refusal/cancellation request made
under section 13 or 14;
certify that the decision involved matters of international relations or
criminal intelligence.
(3) Despite section 43 of the Administrative Appeals Tribunal Act
1975, if the Minister has given a certificate under subsection (2) in
relation to a decision, then in any review of that decision the Administrative
Appeals Tribunal may only make a decision:
(a) affirming the Minister’s decision; or
(b) remitting the decision to the Minister for reconsideration in
accordance with any directions or recommendations of the Tribunal.
(1) The Minister may, in writing, delegate to a person who is an officer
within the meaning of paragraph (a), (b), (c) or (g) of the definition of
officer in subsection 6(1) any or all of the Minister’s
powers and functions under the following provisions:
(a) section 7;
(b) section 9;
(c) subsection 11(3);
(d) section 22;
(e) section 42;
(f) section 45;
(g) section 46;
(h) subsection 49(4);
(i) section 55.
(2) The Minister may, in writing, delegate to the Administrator of an
external Territory any or all of the Minister’s powers under this Act
(except subsection (1)), to be exercised by the Administrator only in, or
in relation to, the external Territory.
(3) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
(1) The Minister may, in writing, authorise a person, or a class of
persons, to exercise specified powers and to perform specified functions of an
officer under this Act.
(2) A person who is authorised under subsection (1) must comply with
any directions of the Minister in the exercise of the powers or performance of
the functions specified in the authority.
(3) An instrument made under this section is not a legislative instrument
for the purposes of the Legislative Instruments Act 2003.
(1) Australian passports may be issued in the name of the
Governor-General.
(2) Australian travel documents must be issued in forms approved by the
Minister.
(3) The name of the person to whom an Australian travel document is issued
must appear on the document. Except in the circumstances specified in a
Minister’s determination, the name must be:
(a) the name on the person’s birth certificate; or
(b) the name on a certificate of citizenship granted to the person under
the Australian Citizenship Act 1948; or
(c) the name on a certificate, entry or record of the person’s
marriage, being a certificate granted or entry or record made by the Registrar
of births, deaths and marriages (however described) of a State or Territory;
or
(d) the name included, by way of effecting a name change of the person, on
a register kept under a law of a State or Territory by the Registrar of births,
deaths and marriages (however described) of the State or Territory.
An Australian travel document remains the property of the Commonwealth at
all times.
The Minister may endorse, or make observations on, Australian travel
documents in the circumstances specified in a Minister’s
determination.
(1) The application fees imposed by the Australian Passports
(Application Fees) Act 2004 are payable to the Commonwealth.
(2) A Minister’s determination may specify one or more of the
following:
(a) the circumstances in which application fees imposed under the
Australian Passports (Application Fees) Act 2004 may be waived;
(b) the circumstances in which application fees imposed under the
Australian Passports (Application Fees) Act 2004 may be refunded to
applicants;
(c) the amount of the refunds in those circumstances.
The Minister may, by legislative instrument, specify any of the matters
that this Act provides may be specified in a Minister’s
determination.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Without limiting subsection (1), the Governor-General may make
regulations prescribing penalties not exceeding 20 penalty units for breaches of
the regulations.