Commonwealth Consolidated Acts

AUSTRALIAN PASSPORTS ACT 2005 - SECT 32

             (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 .