PASSPORTS AMENDMENT ACT 1979 No. 103, 1979
PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 1. Short title.
PASSPORTS AMENDMENT ACT 1979 No. 103 of 1979 An Act to amend the Passports Act 1938. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the Passports Amendment Act 1979.*1* (2) The Passports Act 1938*2* is in this Act referred to as the Principal Act. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 2. Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 3.
3. After section 4 of the Principal Act the following section is inserted: Extraterritorial operation of Act ''4A. This Act extends, except so far as the contrary intention appears- (a) to acts, matters and things outside Australia; and (b) to all persons, irrespective of their nationality or citizenship.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 4. Interpretation
4. Section 5 of the Principal Act is amended- (a) by omitting ''a Territory'' from the definition of ''Administrator'' in sub-section (1) and substituting ''an external Territory''; (b) by inserting after the definition of ''Administrator'' in sub-section (1) the following definition: '' 'Australia' includes the Territories;''; (c) by inserting after the definition of ''Australian citizen'' in sub-section (1) the following definition: '' 'authorized officer' means an officer authorized by the Minister under sub-section 7 (1) to issue Australian passports;''; (d) by omitting from sub-section (1) the definition of ''British subject'' and substituting the following definitions: '' 'British subject' means a person who, for the purposes of the Australian Citizenship Act 1948, has the status of a British subject; '' 'offence against this Act' includes- (a) an offence against this Act that is deemed to have been committed by virtue of section 5 of the Crimes Act 1914; and (b) an offence against section 7 of the Crimes Act 1914 in relation to this Act, but does not include an offence against the regulations;''; and (e) by omitting sub-section (2) and substituting the following sub-section: ''(2) A reference in this Act to an officer shall be read as including a reference to a person authorized by the Administrator of an external Territory who holds a delegation from the Minister under section 6 to exercise, in and in relation to that Territory, the powers conferred on officers by this Act.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 5. Administration of Act in external Territories
5. Section 6 of the Principal Act is amended by omitting from sub-section (1) ''any Territory'' and substituting ''any external Territory''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 6.
6. After section 6 of the Principal Act the following section is inserted: Australian passports to remain property of Commonwealth ''6A. An Australian passport remains always the property of the Commonwealth.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 7. Issue of passports
7. Section 7 of the Principal Act is amended-
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(a) by inserting in sub-section (1) ''the Minister or'' before ''an officer''; and (b) by adding at the end thereof the following sub-section: ''(3) The exercise by an authorized officer of a power under this section is subject to any directions of the Minister and to sections 7A, 7B, 7C, 7D and 7E.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 8.
8. After section 7 of the Principal Act the following sections are inserted: Passport not to be issued to unmarried minors except in special circumstances ''7A. (1) Subject to sub-section (2), an authorized officer shall not, unless otherwise directed by the Minister, issue an Australian passport to a person who is not married and who has not attained the age of 18 years. ''(2) An authorized officer may, unless otherwise directed by the Minister, issue a passport to a person (in this sub-section referred to as the 'applicant') who is not married and who has not attained the age of 18 years if- (a) the applicant furnishes to the authorized officer the consent in writing to the issue to the applicant of an Australian passport of each person who, under a law of the Commonwealth or of a State or Territory, is entitled to custody or guardianship of, or access to, the applicant; (b) the applicant furnishes to the authorized officer a copy of an order of a court made in pursuance of a law of the Commonwealth or of a State or Territory permitting the applicant to leave Australia; or (c) the authorized officer is satisfied- (i) that the physical or mental welfare of the applicant would be adversely affected if an Australian passport were not issued to the applicant; or (ii) that- (A) by reason of a family crisis, the applicant urgently requires an Australian passport to enable him to travel outside Australia; and (B) if there is a person who, under a law of the Commonwealth or of a State or Territory, is entitled to custody or guardianship of, or access to, the applicant whose written consent to the issue to the applicant of an Australian passport has not been obtained-that person cannot be readily contacted. Passports not be be issued to certain persons ''7B. An authorized officer shall not, unless otherwise directed by the Minister, issue an Australian passport to a person if- (a) the authorized officer has reason to believe that there is in force a warrant issued in Australia for the arrest of the person; or (b) the authorized officer has reason to believe that the person is required, by an order of a court made in pursuance of a law of the Commonwealth or of a State or Territory, or under a condition of parole or of a recognizance, surety or bail bond, to remain in Australia or to refrain from obtaining an Australian passport. Passport not to be issued if moneys owing to Commonwealth ''7C. (1) Subject to sub-section (2), an authorized officer shall not, unless otherwise directed by the Minister, issue an Australian passport to a person if the person owes money to the Commonwealth in respect of- (a) expenses incurred by the Commonwealth on behalf of the person in a country other than Australia; (b) moneys lent to the person by the Commonwealth at a time when the person was outside Australia; or (c) expenses incurred by the Commonwealth in, or in connection with, effecting the return of the person to Australia from a country other than Australia. ''(2) An authorized officer may, unless otherwise directed by the Minister, issue an Australian passport to a person who owes money to the Commonwealth as mentioned in sub-section (1) if the authorized officer is satisfied- (a) that the physical or mental welfare of the person would be adversely affected if an Australian passport were not issued to the person; or
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(b) that, by reason of a family crisis, the person urgently requires an Australian passport to enable the person to travel outside Australia. Issue of concurrently valid passports ''7D. Where an authorized officer believes that an applicant for an Australian passport is in possession of, or has under his control, an Australian passport that was issued to the applicant, being a passport that is in force, the authorized officer shall not, unless otherwise directed by the Minister, issue to the applicant an Australian passport that would be in force at any time when the first-mentioned Australian passport is in force unless the authorized officer considers that there are special reasons for so doing. Passports not to be issued to persons liable to cause disruption in other countries ''7E. (1) An authorized officer shall not issue an Australian passport to a person if the Minister has notified the authorized officer that, having had regard to the conduct of the person, the Minister has formed the opinion that, if an Australian passport were issued to the person, the person would be likely to engage in conduct outside Australia that might prejudice the security of, or disrupt public order in, a country other than Australia or would endanger the health or welfare of persons in a country other than Australia. ''(2) A notification under sub-section (1) given by the Minister to an authorized officer ceases to have effect upon the giving to the authorized officer of a notification by the Minister stating that the notification under sub-section (1) has ceased to have effect.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 9. Cancellation of passports, &c.
9. (1) Section 8 of the Principal Act is amended- (a) by omitting from sub-section (1) ''One hundred dollars or imprisonment for three months'' and substituting ''Imprisonment for 1 year''; (b) by inserting after sub-section (1) the following sub-section: ''(1A) Without limiting the generality of sub-section (1), the Minister, or an officer authorized by the Minister to act under this section, may cancel an Australian passport if- (a) the Minister or the officer, as the case may be, becomes aware of circumstances which, if they had existed immediately before the passport was issued, may have or would have prevented the issue of the passport by an authorized officer by virtue of the operation of section 7A, 7B, 7C or 7D; or (b) the Minister or the officer, as the case may be, becomes aware that the passport has been lost or stolen.''; (c) by omitting from sub-section (2) ''vise H ,'' (wherever occurring); (d) by omitting from sub-section (3) ''vise H ,''; (e) by omitting from sub-section (3) ''One hundred dollars or imprisonment for 3 months'' and substituting ''Imprisonment for 1 year''; and (f) by adding at the end thereof the following sub-section: ''(4) The exercise by an officer of a power of cancellation under this section is subject to any directions of the Minister.''. (2) Notwithstanding the amendments made by paragraphs (1) (c) and (d)- (a) any vise H granted in pursuance of the Passports Act 1938 as in force at any time before the commencement of this section or in pursuance of the Act repealed by the Passports Act 1938 may be cancelled by the Minister, or by an officer authorized in that behalf by the Minister, and thereupon the vise H shall be void; and (b) any officer may take possession of any passport bearing a vise H that has been cancelled under paragraph (a) or under the Passports Act 1938 and any person having in his possession or under his control any such passport shall, on demand by an officer, forthwith deliver it up to the officer. (3) A person who contravenes paragraph (2) (b) shall be deemed, for the purposes of the Passports Act 1938, to have committed an offence against that Act that is punishable, on conviction, by imprisonment for a period not exceeding 1 year. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 10.
10. After section 8 of the Principal Act the following section is inserted: Notification of loss or theft of passports ''8A. If an Australian passport is lost or is stolen, the person to whom the passport was issued shall, as soon as practicable after he becomes aware of the loss or theft-
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(a) if the passport is lost or stolen within Australia-report the loss or theft to a Commonwealth Police Officer or a member of the Police Force of a State or Territory; or (b) if the passport is lost or stolen outside Australia-report the loss or theft to an officer of, or a person employed at, an Australian diplomatic or consular mission. Penalty: Imprisonment for 1 year.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 11. Power to order passport to be delivered up
11. Section 9 of the Principal Act is amended- (a) by omitting sub-section (1) and substituting the following sub-section: ''(1) A person who has in his possession or under his control- (a) a passport that has been obtained, or is reasonably suspected by an officer of having been obtained by means of a false or misleading statement; or (b) a passport or other document that has been used, or that is reasonably suspected by an officer of having been used, in, or in connection with, the commission or any offence against this Act or the regulations, shall, on demand by an officer, forthwith deliver up the passport or other document to the officer. Penalty: Imprisonment for 1 year.''; (b) by inserting in sub-section (2) ''external'' before ''Territory'' (wherever occurring); (c) by omitting from sub-section (2) ''One hundred dollars or imprisonment for three months'' and substituting ''Imprisonment for 1 year''; and (d) by omitting from sub-section (3) ''One hundred dollars or imprisonment for three months'' and substituting ''Imprisonment for 1 year''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 12.
12. After section 9 of the Principal Act the following sections are inserted: Offences relating to improper use or possession of passports, &c. ''9A. A person who- (a) for purposes of travel or identification and without reasonable excuse, uses an Australian passport that has been cancelled; (b) for purposes of travel or identification and without reasonable excuse, uses an Australian passport that was issued to another person; (c) being a person to whom an Australian passport has been issued, permits, without reasonable excuse, another person to use that passport for purposes of travel or identification; (d) without reasonable excuse, has in his possession or under his control an Australian passport that was not issued to him; (e) without reasonable excuse, has in his possession or under his control- (i) an Australian passport that has been falsified; or (ii) a document (not being an Australian passport) that purports to be an Australian passport; (f) without reasonable excuse, has in his possession or under his control within Australia- (i) a passport issued by or on behalf of the government of a country other than Australia, being a passport that has been falsified; or (ii) a document (not being a passport issued by or on behalf of the government of a country other than Australia) that purports to be a passport issued by or on behalf of the government of a country other than Australia; or (g) wilfully defaces or destroys an Australian passport, is guilty of an offence and is punishable, on conviction, by imprisonment for a period not exceeding 2 years. Offences relating to forgery, &c., of passports
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''9B. A person who- (a) without lawful authority or excuse, knowingly makes, uses, has in his possession or disposes of- (i) paper or other material that is specially provided by proper authority for the purposes of Australian passports; or (ii) paper or other material resembling, or apparently intended to resemble or pass for, paper or other material of the kind referred to in sub-paragraph (i); (b) falsifies an Australian passport; (c) within Australia falsifies a passport issued by or on behalf of the government of a country other than Australia; (d) makes a false endorsement of an Australian passport or falsifies an endorsement of an Australian passport; (e) makes a document that is false with intent that the false document may be used, acted on or accepted as if it were an Australian passport; or (f) within Australia, makes a document that is false with intent that the false document may be used, acted on or accepted as if it were a passport issued by or on behalf of the government of a country other than Australia, is guilty of an offence and is punishable, on conviction, by imprisonment for a period not exceeding 5 years. Offences relating to the issue of passports ''9C. (1) A person other than the Minister or an authorized officer shall not purport to issue an Australian passport or a document (not being an Australian passport) that purports to be an Australian passport. ''(2) An authorized officer shall not- (a) knowingly issue an Australian passport in contravention of section 7A, 7B, 7C, 7D or 7E; or (b) issue an Australian passport to a person knowing that the person is not an Australian citizen and is not a British subject. Penalty: Imprisonment for 2 years.''. PASSPORTS AMENDMENT ACT 1979 No. 103, 1979 - SECT. 13.
13. Sections 10 and 11 of the Principal Act are repealed and the following sections substituted: Penalty for making false statements ''10. (1) A person shall not make any false or misleading statement, whether orally or in writing- (a) for the purpose of obtaining an Australian passport or a renewal or endorsement of an Australian passport; or (b) in support of an application by another person for an Australian passport or for a renewal or endorsement of an Australian passport. ''(2) A person shall not, with intent to defeat the provisions of a law of the Commonwealth or of a Territory, make, within Australia, a false or misleading statement, whether orally or in writing- (a) for the purpose of obtaining a passport other than an Australian passport or a vise H , renewal or endorsement of a passport other than an Australian passport; or (b) in support of an application by another person for a passport other than an Australian passport or for a vise H , renewal or endorsement of a passport other than an Australian passport. Penalty: Imprisonment for 2 years. Prosecution of offences ''11. (1) Subject to sub-section (2), a prosecution for an offence against this Act shall be on indictment. ''(2) Where a person is charged with an offence against this Act, a court of summary jurisdiction may, with the consent of the defendant and of the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily. ''(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is- (a) where the offence, if prosecuted on indictment, would have been punishable by imprisonment for a period not exceeding 1 year-a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; and (b) in any other case-a fine not exceeding $2,000 or imprisonment for a period not exceeding 1 year, or both.''.