AUSTRALIAN PASSPORTS ACT 2005 - NOTES

AUSTRALIAN PASSPORTS ACT 2005 - NOTES

No. 5, 2005

Compilation No. 18

Compilation date: 2 April 2022

Includes amendments up to: Act No. 31, 2022

Registered: 20 April 2022

About this compilation

This compilation

This is a compilation of the Australian Passports Act 2005 that shows the text of the law as amended and in force on 2 April 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Principal object of this Act

4 Act extends to the external Territories

5 Act extends to things outside Australia

6 Definitions

Part 2--Australian travel documents

Division 1--Issue of Australian travel documents

Subdivision A--Issue of Australian passports

7 Australian citizen is entitled to be issued an Australian passport

8 Minister to be satisfied of person's citizenship and identity

Subdivision B--Issue of travel-related documents

9 Minister may issue travel-related documents

10 Minister to be satisfied of person's identity

Division 2--Reasons the Minister may refuse to issue an Australian travel document

Subdivision A--Children

11 Reasons relating to child without parental consent or court order for travel

Subdivision B--Law enforcement and security

12 Reasons relating to Australian law enforcement matters

13 Reasons relating to international law enforcement cooperation

14 Reasons relating to potential for harmful conduct

Subdivision C--Administrative reasons

15 Reasons relating to repeated loss or thefts

16 Reasons relating to financial assistance to travellers

17 Reasons relating to concurrently valid or suspended Australian travel document

Subdivision D--Matters relating to requests by competent authorities

18 Refusal/cancellation requests

19 Acting on refusal/cancellation requests

Division 2A--Reasons the Minister may refuse to process an application for an Australian travel document

19A Reasons relating to fraud or dishonesty in application for Australian travel document

Division 3--When Australian travel documents are not valid

20 When Australian travel documents are not valid

22 When an Australian travel document may be cancelled

22AA When an Australian passport must be cancelled

22A Suspension of Australian travel document

Part 3--Powers of officers

23 Demand for surrender of suspicious Australian travel document

24 Demand for surrender of cancelled or invalid Australian travel document

24A Demand for surrender of suspended Australian travel document

25 Demand for surrender of debtor's Australian travel document

26 Customs officers may seize a suspicious document

Part 4--Offences relating to Australian travel documents

Division 1--Preliminary

27 Definitions

28 Geographical jurisdiction

Division 2--Offences

29 Making false or misleading statements in relation to Australian travel documents

30 Giving false or misleading information in relation to Australian travel documents

31 Producing false or misleading documents in relation to Australian travel documents

32 Improper use or possession of an Australian travel document

32A Possessing false Australian travel documents

33 Selling a genuine or false Australian travel document

34 Damaging or interfering with an Australian travel document

35 Dishonestly obtaining an Australian travel document

36 Making or providing false Australian travel documents

37 Bringing, taking or sending a document across international borders

38 Issue of passport contrary to this Act

39 Issue of travel-related document contrary to this Act or Minister's determination

40 Abuse of public office

41 Failure to notify officer of lost or stolen Australian travel document

Part 5--Administrative matters

Division 1--Information relating to Australian travel documents

42 Disclosure of personal information for the purposes of this Act

43 Minister may determine information required for the purpose of satisfying Minister of person's citizenship and identity etc.

44 Method of disclosing information to Minister

45 Minister may disclose information about Australian travel documents that are lost, stolen or otherwise invalid

46 Minister may disclose information for particular purposes

Division 2--Methods of performing functions under this Act

47 Minister may determine particular methods and technologies

Division 3--Review of decisions about Australian travel documents

48 Reviewable decisions

48A When notice of refusal or cancellation of Australian travel document is not required

49 Review by Minister of decisions made by Minister's delegate

50 Review by Administrative Appeals Tribunal of decisions made by Minister

Division 4--Officers and delegates

51 Delegation of Minister's powers

52 Authorisation of persons as officers

Part 6--Miscellaneous

53 Form of Australian travel documents

54 Australian travel documents are the property of the Commonwealth

55 Endorsements and observations

56 Application fees

57 Minister's determinations

58 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history