Under subsection 12(2) of the Act, if a competent authority makes a request to the Minister to refuse a passport, the Minister must not issue an Australian passport to the person.
Competent authority requests to cancel a passport under subsection 12(2) of the Act must be referred to the Competent Authority and Approved Senior Officer Unit (CAU) in Canberra. CAU will in turn refer the request to the Minister for a decision to cancel the passport or not.
Competent authorities must use prescribed forms to submit passport refusal (Annex 18) and cancellation (Annex 19) requests. A copy of the relevant warrant, legal order or direction must be attached to the request form.
Competent authorities for this purpose are specified in Section 12 of the Act and in Part 3.1 of the Determination.
The most likely persons or organisations to submit requests are (but not exclusively):
- Australian Federal, State and Territory police
- Australian courts
- Parole boards
- Bankruptcy (public) trustees or firms appointed to act on their behalf
- Australian Securities and Investments Commission (ASIC)
- Australian Security Intelligence Organisation (ASIO)
- Attorney-General’s Department (specified SES officers)
- Australian Customs Service
- Australian Crime Commission.
The Passport Office which receives a competent authority request to refuse a passport (Annex 18) must raise the corresponding alert into PICS within one working day. If the person has a current passport, the case must be referred to CAU for further action.
Passport Offices may provide competent authorities with the forms (Annex 18 or 19) together with the accompanying explanatory Fact Sheet: Refusal/Cancellation of Passports for Australian Law Enforcement Reasons.