Australian Passports Act 2005 (Cth)

Australian Passports Act 2005

No. 5, 2005

Compilation No. 20

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

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 14 October 2024 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 46A Minister may arrange for computer programs to disclose personal information for the purposes of certain identity verification services 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 Review 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