Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(2) If a competent authority makes a request under subsection (1), the Minister must not issue an Australian passport to the person.
(3) In this section:
"competent authority" , in relation to a circumstance mentioned in paragraph (1)(a) or (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 passport; and
(c) not permitted to apply for an Australian passport; and
(d) not permitted to obtain an Australian passport.
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