Legislation

Australian legislation specific to travel documents

Australian legislation specifically related to travel documents includes:

• Australian Passports Act 2005


• Australian Passports Determination 2005


• Australian Passports Authorisations and Delegations, 2012


• Australian Passports (Application Fees) Act 2005


• Foreign Passports (Law Enforcement and Security) Act 2005


• Foreign Passports Determination 2005

Other Australian legislation impacting on travel documents

Other Australian legislation that impacts on passport and travel document processes includes:

• Australian Citizenship Act 2007


• Australian Security Intelligence Organisation Act 1979


• Child Support (Registration and Collection) Act 1988


• Criminal Code Act 1995


• Customs Act 1901


• Extradition Act 1988


• Family Law Act 1975


• Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001


• Marriage Act 1961


• Migration Act 1958


• State/Territory legislation for registration of births, deaths and marriages


• Taxation Administration Act 1953

Australian administrative law often relevant

Australian administrative law that is often also relevant includes:

• Administrative Appeals Tribunal Act 1975


• Acts Interpretation Act 1901


• Archives Act 1983


• Australian Information Commissioner Act 2010


• Evidence Act 1995


• Financial Management and Accountability Act 1997


• Freedom of Information Act 1982


• Privacy Act 1988

International agreements impacting on travel documents

Some international agreements impact on passport and travel document practices. These include:

• Convention Relating to the Status of Refugees 1951


• Protocol Relating to the Status of Refugees 1951


• Convention on the Civil Aspects of International Child Abduction 1980


• Convention on International Civil Aviation 1944


• International Covenant on Civil and Political Rights 1966


• Vienna Convention on Diplomatic Relations 1961


• Vienna Convention on Consular Relations 1963

Offences: false and/or misleading statements

Penalties

There are penalties for anyone making false or misleading statements in respect of passport issue. If an employee suspects on reasonable grounds that the applicant, guarantor, or any other person associated with a passport application may have made a false or misleading statement, they must refer the matter to Passport Fraud Section for investigation.

Offences, definitions and penalties are set out in the Australian Passports Act 2005, Sections 27 to 41.

Travel document not to be issued

Where an employee suspects a false or misleading statement has been made, a travel document may not be issued unless approval is given by the Passport Fraud Section.