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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Passports Legislation Amendment
(Overseas Travel by Child Sex
Offenders) Bill 2017
No. , 2017
(Foreign Affairs and Trade)
A Bill for an Act to amend legislation relating to
passports and the criminal law, and for related
purposes
No. , 2017
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Passports Act 2005
3
Criminal Code Act 1995
4
Foreign Passports (Law Enforcement and Security) Act 2005
5
No. , 2017
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
1
A Bill for an Act to amend legislation relating to
1
passports and the criminal law, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Passports Legislation Amendment (Overseas Travel
6
by Child Sex Offenders) Act 2017.
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
2
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
No. , 2017
1
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
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2017
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
3
Schedule 1--Amendments
1
2
Australian Passports Act 2005
3
1 After subsection 12(1)
4
Insert:
5
(1A) A competent authority may make a refusal/cancellation request in
6
relation to the person if the person is:
7
(a) an Australian citizen; and
8
(b) a reportable offender.
9
2 Subsection 12(2)
10
After "subsection (1)", insert "or (1A)".
11
3 Subsection 12(3) (definition of competent authority)
12
After "paragraph (1)(a) or (b)", insert "or (1A)(b)".
13
4 Subsection 12(3)
14
Insert:
15
reportable offender means a person:
16
(a) whose name is entered on a child protection offender register
17
(however described) of a State or Territory; and
18
(b) who has reporting obligations (however described) in
19
connection with that entry on the register.
20
5 Subsection 18(1)
21
After "12(1),", insert "12(1A),".
22
6 Paragraph 18(2)(c)
23
Before "whether", insert "if the refusal/cancellation request is made
24
under a provision other than subsection 12(1A)--".
25
7 Subsection 22(1)
26
Omit "The", substitute "Subject to section 22AA, the".
27
Schedule 1 Amendments
4
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
No. , 2017
8 After section 22
1
Insert:
2
22AA When an Australian passport must be cancelled
3
(1) The Minister must cancel an Australian passport that has been
4
issued to a person if a competent authority makes a
5
refusal/cancellation request in relation to the person under
6
subsection 12(1A).
7
(2) To avoid doubt, the suspension of an Australian passport under
8
section 22A does not prevent the Minister from cancelling it under
9
this section.
10
9 Paragraph 48(c)
11
After "document", insert "(other than under section 22AA)".
12
10 Paragraph 48(e)
13
After "paragraph 22(2)(d)", insert "or section 22AA".
14
11 After paragraph 51(1)(c)
15
Insert:
16
(caa) subsection 12(2), if the power is exercised because of a
17
refusal/cancellation request made under subsection 12(1A);
18
12 After paragraph 51(1)(d)
19
Insert:
20
(da) section 22AA;
21
Criminal Code Act 1995
22
13 After Division 271 of the Criminal Code
23
Insert:
24
Amendments Schedule 1
No. , 2017
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
5
Division 271A--Overseas travel by certain registered
1
offenders
2
271A.1 Restrictions on overseas travel by certain registered
3
offenders
4
(1) A person commits an offence if:
5
(a) the person is an Australian citizen; and
6
(b) the person's name is entered on a child protection offender
7
register (however described) of a State or Territory; and
8
(c) the person has reporting obligations (however described) in
9
connection with that entry on the register; and
10
(d) the person leaves Australia.
11
Penalty: Imprisonment for 5 years.
12
(2) Absolute liability applies to paragraph (1)(a).
13
Note:
For absolute liability, see section 6.2.
14
(3) Subsection (1) does not apply if:
15
(a) a competent authority (within the meaning of section 12 of
16
the Australian Passports Act 2005 or section 13 of the
17
Foreign Passports (Law Enforcement and Security) Act
18
2005) has given permission (however described) for the
19
person to leave Australia; or
20
(b) the reporting obligations of the person are suspended at the
21
time the person leaves Australia.
22
Note:
The defendant bears an evidential burden in relation to the matters in
23
this subsection: see subsection 13.3(3).
24
Foreign Passports (Law Enforcement and Security) Act 2005
25
14 After subsection 13(1)
26
Insert:
27
(1A) A competent authority may request the Minister to make an order
28
under section 16 in relation to the person's foreign travel
29
documents if the person is:
30
(a) an Australian citizen; and
31
Schedule 1 Amendments
6
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
No. , 2017
(b) a reportable offender.
1
15 Subsection 13(2) (definition of competent authority)
2
After "paragraph (1)(a) or (b)", insert "or (1A)(b)".
3
16 Subsection 13(2)
4
Insert:
5
reportable offender means a person:
6
(a) whose name is entered on a child protection offender register
7
(however described) of a State or Territory; and
8
(b) who has reporting obligations (however described) in
9
connection with that entry on the register.
10
17 Subsection 16(1)
11
After "section 13", insert "(other than subsection 13(1A))".
12
18 After subsection 16(1)
13
Insert:
14
(1A) If a competent authority makes a request under subsection 13(1A)
15
in relation to a person, the Minister must order the surrender of the
16
person's foreign travel documents.
17
19 Subsection 16(2)
18
After "subsection (1)", insert "or (1A)".
19
20 Subsection 23(1)
20
After "section 16", insert "(other than subsection 16(1A))".
21
21 Subsection 23A(1)
22
After "subsection 16(1)", insert "or (1A)".
23
22 Application of amendments
24
(1)
The amendments of section 12 of the Australian Passports Act 2005
25
made by this Schedule apply to refusal/cancellation requests made in
26
relation to a person after the commencement of this Schedule, whether
27
Amendments Schedule 1
No. , 2017
Passports Legislation Amendment (Overseas Travel by Child Sex
Offenders) Bill 2017
7
the person became a reportable offender (within the meaning of that
1
section) before or after that commencement.
2
(2)
Section 22AA of the Australian Passports Act 2005, as inserted by this
3
Schedule, applies to the cancellation of an Australian passport after the
4
commencement of this Schedule, whether:
5
(a) the Australian passport was issued to a person before or after
6
that commencement; or
7
(b) the person became a reportable offender (within the meaning
8
of section 12 of that Act) before or after that commencement.
9
(3)
Section 271A.1 of the Criminal Code Act 1995, as inserted by this
10
Schedule, applies in relation to conduct engaged in by a person after the
11
commencement of this Schedule, whether the person's name is entered
12
on a child protection offender register (however described) of a State or
13
Territory before or after that commencement.
14
(4)
The amendments of section 13 of the Foreign Passports (Law
15
Enforcement and Security) Act 2005 made by this Schedule apply to
16
requests made in relation to a person after the commencement of this
17
Schedule, whether the person became a reportable offender (within the
18
meaning of that section) before or after that commencement.
19
(5)
The amendments of section 16 of the Foreign Passports (Law
20
Enforcement and Security) Act 2005 made by this Schedule apply to an
21
order for the surrender of a person's foreign travel documents made
22
after the commencement of this Schedule, whether:
23
(a) the foreign travel documents were issued to the person before
24
or after that commencement; or
25
(b) the person became a reportable offender (within the meaning
26
of section 13 of that Act) before or after that commencement.
27