Commonwealth Consolidated Acts

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AUSTRALIAN PASSPORTS ACT 2005 - SECT 32

Improper use or possession of an Australian travel document

  (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 .



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