Commonwealth Consolidated Acts

AUSTRALIAN PASSPORTS ACT 2005 - SECT 12

  (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.

  (1A)   A competent authority may make a refusal/cancellation request in relation to the person if the person is:

  (a)   an Australian citizen; and

  (b)   a reportable offender.

  (2)   If a competent authority makes a request under subsection   (1) or (1A), the Minister must not issue an Australian passport to the person but may issue a travel - related document to the person.

  (3)   In this section:

"competent authority" , in relation to a circumstance mentioned in paragraph   (1)(a) or (b) or (1A)(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 travel document; and

  (c)   not permitted to apply for an Australian travel document; and

  (d)   not permitted to obtain an Australian travel document.

"reportable offender" means a person:

  (a)   whose name is entered on a child protection offender register (however described) of a State or Territory; and

  (b)   who has reporting obligations (however described) in connection with that entry on the register.