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Australian Passports Act 2005
In force
Administered by
Department of Foreign Affairs and Trade
Superseded version
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C2024C00231 (C19)
14 June 2024
-
13 October 2024
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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
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Part 2—Australian travel documents
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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
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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
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Part 4—Offences relating to Australian travel documents
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Division 1—Preliminary
27 Definitions
28 Geographical jurisdiction
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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
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Part 5—Administrative matters
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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
46A Minister may arrange for computer programs to disclose personal information for the purposes of certain identity verification services
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Division 2—Methods of performing functions under this Act
47 Minister may determine particular methods and technologies
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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
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Division 4—Officers and delegates
51 Delegation of Minister’s powers
52 Authorisation of persons as officers
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
