Legislation

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.

Delegations & Authorisations

Legal basis

The Australian Passports Act 2005, Section 6, defines various officers who may be authorised by the Minister for Foreign Affairs to make decisions and perform functions under the Act. The full schedule of Ministerial Delegations can be found in the Australian Passports Act 2005 – Authorisations and Delegations.

Who can be an Authorised Officer

An Authorised Officer means an officer authorised by the Minister for Foreign Affairs under the Australian Passports Act 2005, Sections 7 and 9, to approve the issue of passports and travel documents.

Authorised Officers: Australia

In Australia, the Minister has delegated as Authorised Officers the following positions:

• Executive Director, Australian Passport Office,


• Assistant Secretary, Passport Client Services Branch,


• Assistant Secretary, Passport Business Improvement and Integrity Branch,


• Assistant Secretary, Domestic Legal Branch,


• Director, Passport Workload Management Section,


• Director, Passport Fraud Section,


• Director, Passport Policy and Operations Section,


• Australian Regional Passport Director at EL2


• Officers at EL1 or APS 6 level, Passport Client Services Branch,


• Manager, State or Territory Passport Office,


• Officers at EL1 or APS6 level, State or Territory Passport Office,


• Eligibility officer in a State or Territory Passport Office, or in a Regional Eligibility Centre,


• DFAT Consular Emergency Centre Officer,

Authorised Officers: Overseas

Overseas, the Minister has delegated as Authorised Officers the following positions:

• All accredited Diplomatic and Consular Officers;


• Director and Deputy Directors, ACIO, Taipei;


• Accredited Honorary Consul, Australian Consulate, Vancouver, Canada;


• Other accredited Honorary Consuls (for Provisional Travel Documents only);


• Director, Consular/Passports Section, Australian Embassy, Washington;


• Manager, Passport Production Centre, Australian Embassy, Washington;


• Manager – Passports, Australian High Commission, London.


• Locally Engaged Staff members of Australian Diplomatic or Consular Missions who are Australian Citizens, hold confidential level security clearances and are authorised by the Assistant Secretary Passport Client Services Branch (AS PCB).


• DFAT Officer posted on a short-term mission or a short term-assignment.

Note: *Posts seeking to have an LES staff member approved to perform the function of authorising officer should seek approval from AS PCB via cable.*

Note: **Approved Canadian Consular Officers at Canadian Responsible missions may issue Provisional Travel Documents (PTD) when given specific approval do to so by the Authorised Officer at their Australian supervising mission.**