Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Passports Legislation Amendment
(Integrity) Bill 2015
No. , 2015
(Foreign Affairs)
A Bill for an Act to amend the law relating to
Australian and foreign travel documents, and for
related purposes
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Australian Passports Act 2005
3
Foreign Passports (Law Enforcement and Security) Act 2005
15
Part 2--Consequential amendments
18
A New Tax System (Family Assistance) Act 1999
18
Australian Crime Commission Act 2002
18
Australian Security Intelligence Organisation Act 1979
19
Bankruptcy Act 1966
21
Crimes Act 1914
21
Family Law Act 1975
22
Federal Court of Australia Act 1976
22
Income Tax Assessment Act 1936
23
Law Enforcement Integrity Commissioner Act 2006
23
Paid Parental Leave Act 2010
25
Social Security Act 1991
25
Part 3--Consequential amendments commencing once the
Biosecurity Act 2015 commences
26
Biosecurity Act 2015
26
Schedule 2--Repeals
27
Australian Passports (Transitionals and Consequentials) Act 2005
27
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
1
A Bill for an Act to amend the law relating to
1
Australian and foreign travel documents, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Passports Legislation Amendment
6
(Integrity) Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
The 28th day after this Act receives the
Royal Assent.
3. Schedule 1,
Part 3
Immediately after the commencement of
section 99 of the Biosecurity Act 2015.
4. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Main amendments
2
Australian Passports Act 2005
3
1 Subsection 6(1)
4
Insert:
5
contactless integrated circuit, in relation to an Australian travel
6
document, includes a chip and an antenna embedded in the
7
document.
8
2 Subsection 6(1) (after paragraph (c) of the definition of
9
document)
10
Insert:
11
; or (d) a photograph.
12
3 Subsection 6(1) (note at the end of the definition of
13
document)
14
Omit "A disk", substitute "Paragraph (c)--a disk".
15
4 Subsections 9(1) and (2)
16
Repeal the subsections, substitute:
17
(1) The Minister may issue a person with a document of a kind
18
specified in a Minister's determination, being a document issued
19
for the purposes of travel.
20
(1A) A travel-related document may be issued to a person:
21
(a) on application by, or on behalf of, a person and in the
22
circumstances specified in a Minister's determination; or
23
(b) on the Minister's own initiative, if the Minister is satisfied
24
that such a document is required:
25
(i) to remove, deport or extradite the person from
26
Australia; or
27
(ii) to facilitate the deportation of the person to Australia; or
28
(iii) to extradite the person to Australia; or
29
Schedule 1 Amendments
Part 1 Main amendments
4
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
(iv) if the person is a prisoner--to effect the transfer of the
1
person.
2
(2) Subsections (1) and (1A) are subject to section 10 and are affected
3
by Division 2.
4
5 Division 2 of Part 2 (heading)
5
Repeal the heading, substitute:
6
Division 2--Reasons the Minister may refuse to issue an
7
Australian travel document
8
6 Subsection 11(1)
9
Repeal the subsection, substitute:
10
(1) The Minister must not issue an Australian travel document to a
11
child unless:
12
(a) each person who has parental responsibility for the child
13
consents to the child having an Australian travel document;
14
or
15
(b) an order of a court of the Commonwealth, a State or a
16
Territory permits:
17
(i) the child to have an Australian travel document; or
18
(ii) the child to travel internationally; or
19
(iii) the child to live or spend time with another person who
20
is outside Australia.
21
7 Subsection 11(2)
22
Omit "Australian passport", substitute "Australian travel document".
23
8 Subparagraph 11(2)(c)(ii)
24
Omit "whose consent to the child travelling internationally has not been
25
given", substitute "who has not consented to the child having an
26
Australian travel document".
27
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
5
9 Paragraph 11(2)(d)
1
Omit "application for the passport was made and the Minister considers
2
that a passport should be issued", substitute "application for the
3
Australian travel document was made and the Minister considers that an
4
Australian travel document should be issued".
5
10 Subsection 11(3)
6
Omit "a passport", substitute "an Australian travel document".
7
11 Subsection 11(3) (note)
8
Repeal the note.
9
12 Subsection 11(4)
10
Repeal the subsection.
11
13 Subparagraph 11(5)(a)(ii) (note)
12
Repeal the note.
13
14 After paragraph 11(5)(a)
14
Insert:
15
(aa) the person:
16
(i) is the child's parent (including a person who is
17
presumed to be the child's parent because of a
18
presumption (other than in section 189) in Subdivision 3
19
of Division 11 of Part 5 of the Family Court Act 1997
20
(WA)); and
21
(ii) has not ceased to have parental responsibility for the
22
child because of an order made under that Act; or
23
15 Subparagraphs 11(5)(b)(ii) and (iii)
24
Repeal the subparagraphs, substitute:
25
(ii) the person has parental responsibility for the child; or
26
16 Paragraph 11(5)(d)
27
Omit "is entitled to guardianship or custody of, or access to,", substitute
28
"has guardianship or custody of, or has parental responsibility for,".
29
Schedule 1 Amendments
Part 1 Main amendments
6
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
17 At the end of subsection 11(5)
1
Add:
2
Note:
The presumptions in the Family Law Act 1975 and the Family Court
3
Act 1997 (WA) include a presumption arising from a court finding that
4
a person is the child's parent, and a presumption arising from a man
5
executing an instrument under law acknowledging that he is the father
6
of the child.
7
18 At the end of subsection 12(2)
8
Add "but may issue a travel-related document to the person".
9
19 Subsection 12(3) (paragraphs (b), (c) and (d) of the
10
definition of prevented from travelling internationally)
11
Omit "Australian passport", substitute "Australian travel document".
12
20 Paragraph 13(1)(c)
13
Omit "Australian passport", substitute "Australian travel document".
14
21 Subsection 13(2)
15
Omit "Australian passport", substitute "Australian travel document".
16
22 Subsection 13(3) (paragraphs (b), (c) and (d) of the
17
definition of prevented from travelling internationally)
18
After "a passport", insert "or document issued for the purposes of
19
travel".
20
23 Paragraphs 14(1)(a) and (b)
21
Omit "Australian passport", substitute "Australian travel document".
22
24 Subsection 14(2)
23
Omit "Australian passport", substitute "Australian travel document".
24
25 Subsection 14(3) (definition of competent authority)
25
Repeal the definition, substitute:
26
competent authority, in relation to a circumstance mentioned in
27
subsection (1), means:
28
(a) an officer within the meaning of paragraph (a), (b) or (c) of
29
the definition of officer in subsection 6(1); or
30
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
7
(b) an employee of the Commonwealth who is specified in a
1
Minister's determination as a competent authority in relation
2
to the circumstance; or
3
(c) a non-corporate Commonwealth entity (within the meaning
4
of the Public Governance, Performance and Accountability
5
Act 2013) that is specified in a Minister's determination as a
6
competent authority in relation to the circumstance; or
7
(d) a person who has responsibility for, or powers, duties or
8
functions in relation to, the circumstance under a law of the
9
Commonwealth, a State or Territory (other than a person who
10
is specified in a Minister's determination as not being a
11
competent authority in relation to the circumstance); or
12
(e) any person specified in a Minister's determination as a
13
competent authority in relation to the circumstance.
14
26 Section 15
15
Repeal the section, substitute:
16
15 Reasons relating to repeated loss or thefts
17
The Minister may refuse to issue an Australian travel document to
18
a person if:
19
(a) an application for an Australian travel document is under
20
consideration; and
21
(b) in the 5 years before the application is made, 2 or more
22
Australian travel documents issued to the person have been
23
lost or stolen.
24
27 Subsection 16(2)
25
Omit "must not issue an Australian passport", substitute "may refuse to
26
issue an Australian travel document".
27
28 Subsection 16(3)
28
Repeal the subsection.
29
29 Subsections 17(1) and (2)
30
Omit "Australian passport", substitute "Australian travel document".
31
Schedule 1 Amendments
Part 1 Main amendments
8
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
30 Paragraph 18(1)(a)
1
Omit "Australian passport", substitute "Australian travel document".
2
31 Paragraph 18(1)(b)
3
Omit "Australian passport or travel-related document", substitute
4
"Australian travel document".
5
32 Paragraph 18(2)(a)
6
Omit "Australian passport", substitute "Australian travel document".
7
33 Subsection 18(3)
8
Omit "Australian passport", substitute "Australian travel document".
9
34 After Division 2 of Part 2
10
Insert:
11
Division 2A--Reasons the Minister may refuse to process
12
an application for an Australian travel document
13
19A Reasons relating to fraud or dishonesty in application for
14
Australian travel document
15
(1) The Minister may refuse to process an application for an Australian
16
travel document if the Minister suspects, on reasonable grounds,
17
that:
18
(a) a statement made in, or in connection with, the application:
19
(i) is false or misleading; or
20
(ii) omits any matter or thing without which the statement is
21
misleading; or
22
(b) information given in, or in connection with, the application:
23
(i) is false or misleading; or
24
(ii) omits any matter or thing without which the information
25
is misleading; or
26
(c) a document given in, or in connection with, the application is
27
false or misleading.
28
(2) If the Minister refuses to process the application, the applicable fee
29
(if any) accompanying the application is not refundable.
30
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
9
(3) If the Minister refuses to process the application and the person
1
concerned still wishes that an Australian travel document be
2
issued, a fresh application is required under section 7 or 9.
3
(4) This section does not limit section 29, 30 or 31.
4
35 Sections 20 and 21
5
Repeal the sections, substitute:
6
20 When Australian travel documents are not valid
7
Cessation of validity
8
(1) An Australian travel document ceases to be valid:
9
(a) in accordance with a determination made for the purposes of
10
subsection (2); or
11
(b) at the time specified on the document; or
12
(c) when cancelled under this Division;
13
whichever happens first.
14
(2) A Minister's determination may specify the time at which, or
15
circumstances in which, an Australian travel document ceases to be
16
valid.
17
Suspension of validity
18
(3) An Australian travel document is not valid while it is suspended
19
under section 22A.
20
36 Paragraph 22(2)(e)
21
Omit "11 or 17,".
22
37 Subparagraph 22(2)(f)(ii)
23
Omit "subsection 9(1)", substitute "paragraph 9(1A)(a)".
24
38 At the end of paragraph 22(2)(f)
25
Add:
26
(iii) because the Minister is no longer satisfied that the
27
travel-related document is required for a purpose
28
mentioned in paragraph 9(1A)(b); or
29
Schedule 1 Amendments
Part 1 Main amendments
10
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
39 After paragraph 22(2)(f)
1
Insert:
2
(fa) if the document is an Australian travel document and
3
paragraph (e) or (f) does not apply--the Minister becomes
4
aware of a circumstance that would have required or
5
permitted the Minister to refuse to issue an Australian travel
6
document to the person because of section 11 or 17, had the
7
Minister been aware of the circumstance immediately before
8
the document was issued; or
9
40 Paragraph 24(1)(b)
10
Omit "or 21".
11
41 Section 29 (heading)
12
Repeal the heading, substitute:
13
29 Making false or misleading statements in relation to Australian
14
travel documents
15
42 Paragraph 29(1)(c)
16
Repeal the paragraph, substitute:
17
(c) the statement is made in, or in connection with:
18
(i) an application for an Australian travel document; or
19
(ii) an Australian travel document.
20
43 Section 30 (heading)
21
Repeal the heading, substitute:
22
30 Giving false or misleading information in relation to Australian
23
travel documents
24
44 Paragraph 30(1)(c)
25
Repeal the paragraph, substitute:
26
(c) the information is given in, or in connection with:
27
(i) an application for an Australian travel document; or
28
(ii) an Australian travel document.
29
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
11
45 Section 31 (heading)
1
Repeal the heading, substitute:
2
31 Producing false or misleading documents in relation to
3
Australian travel documents
4
46 Paragraph 31(1)(c)
5
Repeal the paragraph, substitute:
6
(c) the document is produced in, or in connection with:
7
(i) an application for an Australian travel document; or
8
(ii) an Australian travel document.
9
47 After section 32
10
Insert:
11
32A Possessing false Australian travel documents
12
(1) A person commits an offence if:
13
(a) the person has possession or control of a document; and
14
(b) the person knows that the document is a false Australian
15
travel document.
16
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
17
both.
18
(2) Subsection (1) does not apply if the person has a reasonable
19
excuse.
20
Note:
The defendant bears an evidential burden in relation to the matter in
21
subsection (2). See subsection 13.3(3) of the Criminal Code.
22
48 Sections 33 and 34
23
Repeal the sections, substitute:
24
33 Selling a genuine or false Australian travel document
25
A person commits an offence if the person sells an Australian
26
travel document or a false Australian travel document.
27
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
28
both.
29
Schedule 1 Amendments
Part 1 Main amendments
12
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
34 Damaging or interfering with an Australian travel document
1
(1) A person commits an offence if:
2
(a) the person engages in conduct in relation to an Australian
3
travel document; and
4
(b) the conduct results in:
5
(i) the destruction of the Australian travel document; or
6
(ii) damage to, manipulation of, or tampering or
7
interference with the Australian travel document; or
8
(iii) damage to, manipulation of, or tampering or
9
interference with the Australian travel document's
10
contactless integrated circuit; or
11
(iv) the removal of the Australian travel document's
12
contactless integrated circuit.
13
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
14
both.
15
(2) Subsection (1) does not apply if the person has a reasonable
16
excuse.
17
Note:
The defendant bears an evidential burden in relation to the matter in
18
subsection (2). See subsection 13.3(3) of the Criminal Code.
19
49 Section 36
20
Repeal the section, substitute:
21
36 Making or providing false Australian travel documents
22
(1) A person commits an offence if:
23
(a) the person makes a false Australian travel document; and
24
(b) the person does so with the intention that the document may
25
be used, acted upon or accepted as if it were an Australian
26
travel document.
27
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
28
both.
29
(2) A person commits an offence if:
30
(a) the person provides a false Australian travel document to
31
another person; and
32
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
13
(b) the person does so with the intention that the document may
1
be used, acted upon or accepted as if it were an Australian
2
travel document.
3
Penalty: Imprisonment for 10 years or 1,000 penalty units, or
4
both.
5
(3) Paragraph (2)(a) does not apply if the person has a reasonable
6
excuse.
7
Note:
The defendant bears an evidential burden in relation to the matter in
8
subsection (3). See subsection 13.3(3) of the Criminal Code.
9
50 Section 45 (heading)
10
Repeal the heading, substitute:
11
45 Minister may disclose information about Australian travel
12
documents that are lost, stolen or otherwise invalid
13
51 Paragraph 48(a)
14
Omit "Australian passport", substitute "Australian travel document".
15
52 Paragraph 48(b)
16
Repeal the paragraph, substitute:
17
(b) a decision to refuse to issue an Australian travel document,
18
other than:
19
(i) a decision made on a ground referred to in
20
paragraph 9(1A)(b); or
21
(ii) a decision in relation to which a declaration under
22
subsection 11(3) has been made; or
23
(iii) a decision made because of subsection 12(2);
24
53 After paragraph 48(c)
25
Insert:
26
(ca) a decision to refuse to process an application for an
27
Australian travel document;
28
54 Paragraph 48(e)
29
Repeal the paragraph, substitute:
30
Schedule 1 Amendments
Part 1 Main amendments
14
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
(e) a decision under section 24 to demand the surrender of a
1
cancelled Australian travel document, other than an
2
Australian travel document cancelled because of
3
paragraph 22(2)(d);
4
(ea) a decision under section 24 to demand the surrender of an
5
invalid Australian travel document;
6
55 Paragraph 48(g)
7
Repeal the paragraph.
8
56 Paragraph 48A(1)(a)
9
Omit "Australian passport", substitute "Australian travel document".
10
57 Subsection 49(2)
11
Omit "(or such longer period as the Minister allows, whether before or
12
after the end of the 28 days)".
13
58 After paragraph 51(1)(c)
14
Insert:
15
(ca) section 19A;
16
59 After paragraph 51(1)(h)
17
Insert:
18
(ha) subsection 53(2);
19
(hb) subsection 53(4);
20
60 Subsection 53(3)
21
Omit the second sentence.
22
61 At the end of section 53
23
Add:
24
(4) The Minister may refuse any name or signature of the person that
25
the Minister considers to be unacceptable, inappropriate or
26
offensive.
27
(5) Unless subsection (4) or a circumstance specified in a Minister's
28
determination applies, the name must be the most recent name:
29
(a) on the person's birth certificate; or
30
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
15
(b) on a notice given to the person under section 37 of the
1
Australian Citizenship Act 2007; or
2
(c) on a certificate, entry or record of the person's marriage,
3
being a certificate granted or entry or record made by the
4
Registrar of births, deaths and marriages (however described)
5
of a State or Territory; or
6
(d) on a certificate, entry or record relating to the registration of
7
the person's relationship with another person, being a
8
certificate, entry or record:
9
(i) issued or made under, or for the purposes of, a law of a
10
State or Territory prescribed for the purposes of
11
section 2E of the Acts Interpretation Act 1901; and
12
(ii) relating to a kind of relationship prescribed for the
13
purposes of that section; and
14
(iii) issued or made by the Registrar of births, deaths and
15
marriages (however described) of the State or Territory
16
concerned; or
17
(e) included, by way of effecting a name change of the person,
18
on a register kept under a law of a State or Territory by the
19
Registrar of births, deaths and marriages (however described)
20
of the State or Territory.
21
(6) However, a person may only rely on a certificate, entry or record
22
mentioned in paragraph (5)(c) or (d) for the person's surname,
23
unless a register mentioned in paragraph (5)(e) shows that the
24
person's surname has subsequently changed.
25
Foreign Passports (Law Enforcement and Security) Act 2005
26
62 Subsection 13(2) (paragraphs (b), (c) and (d) of the
27
definition of prevented from travelling internationally)
28
After "a passport", insert "or document issued for the purposes of
29
travel".
30
63 Subsection 14(2) (paragraphs (b), (c) and (d) of the
31
definition of prevented from travelling internationally)
32
After "a passport", insert "or document issued for the purposes of
33
travel".
34
Schedule 1 Amendments
Part 1 Main amendments
16
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
64 Subsection 15(1) (note)
1
Repeal the note, substitute:
2
Note:
The International Covenant on Civil and Political Rights is in
3
Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in
4
2015 be viewed in the Australian Treaties Library on the AustLII
5
website (http://www.austlii.edu.au).
6
65 Subsection 15(2) (definition of competent authority)
7
Repeal the definition, substitute:
8
competent authority, in relation to a circumstance mentioned in
9
subsection (1), means:
10
(a) a member of the diplomatic staff of an Australian mission,
11
being a person who is a member of the diplomatic staff of the
12
mission within the meaning of the Vienna Convention on
13
Diplomatic Relations; or
14
(b) a consular officer of an Australian consulate, being a person
15
who is a consular officer (but not an honorary consular
16
officer) within the meaning of the Vienna Convention on
17
Consular Relations; or
18
(c) an employee of the Commonwealth who is specified in a
19
Minister's determination as a competent authority in relation
20
to the circumstance; or
21
(d) a non-corporate Commonwealth entity (within the meaning
22
of the Public Governance, Performance and Accountability
23
Act 2013) that is specified in a Minister's determination as a
24
competent authority in relation to the circumstance; or
25
(e) a person who has responsibility for, or powers, duties or
26
functions in relation to, the circumstance under a law of the
27
Commonwealth, a State or Territory (other than a person who
28
is specified in a Minister's determination as not being a
29
competent authority in relation to the circumstance); or
30
(f) any person specified in a Minister's determination as a
31
competent authority in relation to the circumstance.
32
Note 1:
The Vienna Convention on Diplomatic Relations is in Australian
33
Treaty Series 1968 No. 3 ([1968] ATS 3) and could in 2015 be viewed
34
in the Australian Treaties Library on the AustLII website
35
(http://www.austlii.edu.au).
36
Note 2:
The Vienna Convention on Consular Relations is in Australian Treaty
37
Series 1973 No. 7 ([1973] ATS 7) and could in 2015 be viewed in the
38
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
17
Australian Treaties Library on the AustLII website
1
(http://www.austlii.edu.au).
2
66 Application
--issue of Australian travel documents to
3
children
4
The amendments to section 11 of the Australian Passports Act 2005
5
made by this Schedule apply in relation to an Australian travel
6
document issued to a child on or after the day this item commences,
7
whether the application for the Australian travel document was lodged
8
before, on or after that day.
9
67 Application
--repeated loss or thefts of Australian travel
10
documents
11
Section 15 of the Australian Passports Act 2005, as amended by this
12
Schedule, applies in relation to an application lodged on or after the day
13
this item commences, even if the relevant lost or stolen Australian travel
14
documents were issued to the person before that day.
15
68 Application
--form of Australian travel documents
16
The amendments to section 53 of the Australian Passports Act 2005
17
made by this Schedule apply in relation to an application for an
18
Australian travel document lodged before, on or after the day that this
19
item commences.
20
Schedule 1 Amendments
Part 2 Consequential amendments
18
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
Part 2
--Consequential amendments
1
A New Tax System (Family Assistance) Act 1999
2
69 Subsection 3(1)
3
Insert:
4
Australian travel document has the same meaning as in the
5
Australian Passports Act 2005.
6
70 Subparagraphs 57GK(a)(i) and (ii)
7
Omit "Australian passport", substitute "Australian travel document".
8
Australian Crime Commission Act 2002
9
71 Subsection 4(1)
10
Insert:
11
Australian travel document has the same meaning as in the
12
Australian Passports Act 2005.
13
72 Section 24 (heading)
14
Repeal the heading, substitute:
15
24 Order for delivery to examiner of travel documents of witness
16
73 Paragraph 24(1)(c)
17
Repeal the paragraph, substitute:
18
(c) there are reasonable grounds for suspecting that the person
19
intends to leave Australia and has in his or her possession,
20
custody or control:
21
(i) an Australian travel document that has been issued to
22
him or her; or
23
(ii) a passport or other travel document that has been issued
24
to him or her by or on behalf of the government of a
25
foreign country;
26
Amendments Schedule 1
Consequential amendments Part 2
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
19
74 Subsection 24(1)
1
Omit "the passport", substitute "the travel document".
2
75 Paragraphs 24(2)(d) and (3)(a) and (b)
3
Omit "passport", substitute "travel document".
4
76 Subsections 24(4) and (5)
5
Omit "passport" (wherever occurring), substitute "travel document".
6
77 Paragraph 31(1)(a)
7
Omit "his or her passport", substitute "a travel document".
8
78 Paragraph 34D(4)(a)
9
Repeal the paragraph, substitute:
10
(a) that the person surrenders the following documents:
11
(i) any Australian travel document that has been issued to
12
him or her;
13
(ii) any passport or other travel document that has been
14
issued to him or her by or on behalf of the government
15
of a foreign country; or
16
Australian Security Intelligence Organisation Act 1979
17
79 Section 4
18
Insert:
19
Australian travel document has the same meaning as in the
20
Australian Passports Act 2005.
21
80 Section 34W (heading)
22
Repeal the heading, substitute:
23
34W Surrender of travel documents by person in relation to whom
24
warrant is sought
25
81 Subsection 34W(1)
26
Omit all the words after "effect of this subsection,", substitute:
27
the person must deliver to an enforcement officer:
28
Schedule 1 Amendments
Part 2 Consequential amendments
20
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
(a) all Australian travel documents that:
1
(i) have been issued to the person; and
2
(ii) are in the person's possession or control; and
3
(b) all passports or other travel documents that:
4
(i) have been issued to the person by or on behalf of the
5
government of a foreign country; and
6
(ii) are in the person's possession or control.
7
Penalty: Imprisonment for 5 years.
8
82 Subsection 34W(2)
9
Omit "a passport", substitute "any document".
10
83 Subsection 34W(2)
11
Omit "the passport", substitute "the document".
12
84 Paragraphs 34W(3)(a) and (b)
13
Omit "a passport", substitute "a document".
14
85 Subsection 34W(4)
15
Omit "a passport", substitute "a document".
16
86 Paragraph 34W(4)(a)
17
Omit "the passport", substitute "the document".
18
87 Section 34Y (heading)
19
Repeal the heading, substitute:
20
34Y Surrender of travel documents by person specified in warrant
21
88 Subsection 34Y(1)
22
Omit all the words after "exercising authority", substitute:
23
under the warrant:
24
(a) all Australian travel documents that:
25
(i) have been issued to the person; and
26
(ii) are in the person's possession or control; and
27
(b) all passports or other travel documents that:
28
Amendments Schedule 1
Consequential amendments Part 2
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
21
(i) have been issued to the person by or on behalf of the
1
government of a foreign country; and
2
(ii) are in the person's possession or control.
3
Penalty: Imprisonment for 5 years.
4
89 Subsection 34Y(2)
5
Omit "a passport", substitute "any document".
6
90 Subsection 34Y(2)
7
Omit "the passport", substitute "the document".
8
91 Paragraphs 34Y(3)(a) and (b)
9
Omit "a passport", substitute "a document".
10
92 Subsection 34Y(4)
11
Omit "passport" (wherever occurring), substitute "document".
12
Bankruptcy Act 1966
13
93 Subparagraph 77(1)(a)(ii)
14
Repeal the subparagraph, substitute:
15
(ii) any passport or document issued for the purposes of
16
travel held by the bankrupt; and
17
Crimes Act 1914
18
94 Subsection 16(1)
19
Insert:
20
Australian travel document has the same meaning as in the
21
Australian Passports Act 2005.
22
95 Paragraphs 22(1)(d) and (e)
23
Omit "Australian passport", substitute "Australian travel document".
24
96 Subsections 22(5) and (6)
25
Omit "passport" (wherever occurring), substitute "Australian travel
26
document".
27
Schedule 1 Amendments
Part 2 Consequential amendments
22
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
97 Section 22A (heading)
1
Repeal the heading, substitute:
2
22A State orders relating to Australian travel documents
3
98 Subsection 22A(1)
4
Omit "Australian passport", substitute "Australian travel document".
5
99 Subsection 22A(1)
6
Omit "passport", substitute "Australian travel document".
7
Family Law Act 1975
8
100 Section 67ZD
9
Repeal the section, substitute:
10
67ZD Orders for delivery of travel documents
11
If a court having jurisdiction under this Part considers that there is
12
a possibility or threat that a child may be removed from Australia,
13
it may order that the following documents be ordered up to the
14
court on such conditions as the court considers appropriate:
15
(a) any Australian travel document (within the meaning of the
16
Australian Passports Act 2005) that has been issued to the
17
child or any other person concerned;
18
(b) any passport or other travel document that has been issued to
19
the child or any other person concerned by or on behalf of the
20
government of a foreign country.
21
Federal Court of Australia Act 1976
22
101 Paragraph 58DC(2)(c)
23
After "any passport", insert "or document issued for the purposes of
24
travel".
25
Amendments Schedule 1
Consequential amendments Part 2
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
23
Income Tax Assessment Act 1936
1
102 Section 202A (definition of passport)
2
Repeal the definition.
3
Law Enforcement Integrity Commissioner Act 2006
4
103 Subsection 5(1)
5
Insert:
6
Australian travel document has the same meaning as in the
7
Australian Passports Act 2005.
8
104 Paragraph 96D(4)(a)
9
Repeal the paragraph, substitute:
10
(a) that the person surrenders the following documents:
11
(i) any Australian travel document that has been issued to
12
him or her;
13
(ii) any passport or other travel document that has been
14
issued to him or her by or on behalf of the government
15
of a foreign country; or
16
105 Subdivision F of Division 2 of Part 9 (heading)
17
Repeal the heading, substitute:
18
Subdivision F--Court orders for delivery of witness's travel
19
documents and witness's arrest
20
106 Section 97 (heading)
21
Repeal the heading, substitute:
22
97 Integrity Commissioner may apply for order that witness deliver
23
his or her travel documents
24
107 Subsection 97(1)
25
Omit "his or her passport", substitute "a travel document mentioned in
26
paragraph (c)".
27
Schedule 1 Amendments
Part 2 Consequential amendments
24
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
108 Paragraph 97(1)(c)
1
Repeal the paragraph, substitute:
2
(c) there are reasonable grounds for suspecting that the person
3
intends to leave Australia and has in his or her possession,
4
custody or control:
5
(i) an Australian travel document that has been issued to
6
him or her; or
7
(ii) a passport or other travel document that has been issued
8
to him or her by or on behalf of the government of a
9
foreign country.
10
109 Paragraphs 98(1)(b) and (3)(b)
11
Omit "passport", insert "travel document".
12
110 Subsection 98(4) (heading)
13
Repeal the heading, substitute:
14
Court order that witness deliver travel document to Integrity
15
Commissioner
16
111 Paragraph 98(4)(a)
17
Repeal the paragraph, substitute:
18
(a) requiring the person to deliver to the Integrity Commissioner
19
a travel document of a kind mentioned in paragraph 97(1)(c)
20
that is in the person's possession, custody or control; and
21
112 Paragraph 98(4)(b)
22
Omit "the passport", substitute "the travel document".
23
113 Subsection 98(5) (heading)
24
Repeal the heading, substitute:
25
Extension of period that Integrity Commissioner may retain travel
26
document
27
114 Subsection 98(5)
28
Omit "passport" (wherever occurring), substitute "travel document".
29
Amendments Schedule 1
Consequential amendments Part 2
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
25
115 Subsections 98(6) and (7)
1
Omit "passport", substitute "travel document".
2
116 Subparagraph 99(1)(a)(i)
3
Omit "his or her passport", substitute "a travel document".
4
Paid Parental Leave Act 2010
5
117 Section 6
6
Insert:
7
Australian travel document has the same meaning as in the
8
Australian Passports Act 2005.
9
118 Subparagraphs 278D(a)(i) and (ii)
10
Omit "Australian passport", substitute "Australian travel document".
11
Social Security Act 1991
12
119 Subsection 23(1)
13
Insert:
14
Australian travel document has the same meaning as in the
15
Australian Passports Act 2005.
16
120 Subparagraphs 38P(a)(i) and (ii)
17
Omit "Australian passport", substitute "Australian travel document".
18
Schedule 1 Amendments
Part 3 Consequential amendments commencing once the Biosecurity Act 2015
commences
26
Passports Legislation Amendment (Integrity) Bill 2015
No. , 2015
Part 3
--Consequential amendments commencing
1
once the Biosecurity Act 2015 commences
2
Biosecurity Act 2015
3
121 Paragraph 99(a)
4
Omit ", and his or her passport number", substitute:
5
and the number of his or her:
6
(i) Australian travel document (within the meaning of the
7
Australian Passports Act 2005); or
8
(ii) passport or other travel document, issued to the
9
individual by or on behalf of the government of a
10
foreign country;
11
Repeals Schedule 2
No. , 2015
Passports Legislation Amendment (Integrity) Bill 2015
27
Schedule 2
--Repeals
1
2
Australian Passports (Transitionals and Consequentials) Act
3
2005
4
1 The whole of the Act
5
Repeal the Act.
6