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AUSTRALIAN PASSPORTS ACT 2005 - SECT 14

Reasons relating to potential for harmful conduct

             (1)  If a competent authority suspects on reasonable grounds that:

                     (a)  if an Australian travel document were issued to a person, the person would be likely to engage in conduct that:

                              (i)  might prejudice the security of Australia or a foreign country; or

                             (ii)  might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or

                            (iii)  might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or

                            (iv)  might constitute an indictable offence against this Act; or

                             (v)  might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister's determination; and

                     (b)  the person should be refused an Australian travel document in order to prevent the person from engaging in the conduct;

the competent authority may make a refusal/cancellation request in relation to the person.

Note 1:       The text of the International Covenant on Civil and Political Rights is set out in Australian Treaty Series 1980 No. 23. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.

Note 2:       See also Subdivision D.

             (2)  If a competent authority makes a request under subsection (1), the Minister may refuse to issue the person an Australian travel document.

             (3)  In this section:

"competent authority " , in relation to a circumstance mentioned in subsection (1), means:

                     (a)  an officer within the meaning of paragraph (a), (b) or (c) of the definition of officer in subsection 6(1); or

                     (b)  an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or

                     (c)  a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that is specified in a Minister's determination as a competent authority in relation to the circumstance; or

                     (d)  a person who has responsibility for, or powers, duties or functions in relation to, the 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

                     (e)  any person specified in a Minister's determination as a competent authority in relation to the circumstance.



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