Australian Passports Act 2005
No. 5, 2005
Compilation No. 21
Compilation date: 8 November 2025
Includes amendments: Act No. 60, 2025
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 8 November 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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…
Overview
The Australian Passports Act 2005, enacted in 2005, was introduced to address the need for a comprehensive legal framework governing the issuance, administration, and regulation of Australian passports and other travel documents. The Act was passed by the Australian Parliament and received Royal Assent on 18 February 2005, with most provisions coming into effect on 1 July 2005. The principal object of this Act, as stated in section 3, is to provide for the issue and administration of Australian passports, to be used as evidence of identity and citizenship by Australian citizens who are travelling internationally. This Act extends to the external territories of Australia and applies to all persons, irrespective of their nationality or citizenship, when outside Australia. The Act provides a structured approach to the issuance and management of Australian passports and related travel documents, setting out the criteria and conditions under which passports may be issued, refused, or cancelled, and detailing the powers of officers involved in the enforcement of the Act.
Scope and Application
The Australian Passports Act 2005 governs the issuance, administration, and validity of Australian passports and travel-related documents, intended as evidence of identity and citizenship for Australian citizens travelling internationally. This Act applies to all persons, regardless of nationality or citizenship, and extends to acts, omissions, matters, and things outside Australia. It includes Australian citizens who are entitled to be issued an Australian passport, subject to the Minister's satisfaction regarding the applicant's citizenship and identity. The Act also allows for the issuance of travel-related documents under specific conditions, such as facilitating the removal, deportation, or extradition of individuals or addressing specific security concerns. The Minister may refuse to issue a travel document based on various grounds, including law enforcement matters, potential for harmful conduct, administrative reasons, and requests from competent authorities. The Act further outlines offences related to Australian travel documents, such as producing false documents, improper use, and bringing false documents across international borders. Additionally, it establishes procedures for the review of decisions regarding the issuance or cancellation of travel documents and specifies the powers of officers in demanding the surrender of travel documents. The Act also provides for the delegation of the Minister's powers and the authorisation of certain persons to act as officers in performing functions under the Act.
Key Provisions
- The Australian Passports Act 2005 governs the issuance and administration of Australian passports and other travel documents. Under this Act, an Australian citizen has the right to be issued an Australian passport, provided they meet the requirements set forth in the legislation (s 7). The Minister must be satisfied of the applicant's citizenship and identity before issuing a passport (s 8). The Minister may also issue travel-related documents to individuals under certain circumstances (ss 9, 10). The Minister has the discretion to refuse to issue a travel document in various situations, including when it involves a child without proper consent or court order (s 11), if there are law enforcement or security concerns (ss 12, 13, 14), if the applicant has a history of losing or having their travel documents stolen (s 15), if the applicant owes money to the Commonwealth (s 16), if the applicant already holds a valid or suspended travel document (s 17), and if the application involves fraud or dishonesty (s 19A).
- The Act specifies circumstances under which a travel document is not valid, such as when it has been cancelled or is suspended (ss 20, 22, 22A). Officers are empowered to demand the surrender of suspicious, cancelled, suspended, or debtor travel documents, and failure to comply can result in criminal penalties (ss 23-25). The Act also criminalises a range of offences relating to Australian travel documents, including making false statements, possessing or using invalid documents, and selling travel documents (ss 29-38, 40-41). The Act sets out various penalties for these offences, with imprisonment terms ranging from six months to ten years and fines up to 20 penalty units or more (ss 29-41).
- Administratively, the Act allows for the disclosure of personal information for the purposes of issuing travel documents, subject to the Australian Privacy Principles (ss 42-46A). The Minister has the power to determine the methods and technologies used for various functions under the Act, and to delegate powers to officers (ss 47, 51-52). Decisions regarding the issuance, refusal, or cancellation of travel documents are reviewable under certain conditions (ss 48-50).
- Additionally, the Act outlines the form and content of Australian travel documents, stating that they remain the property of the Commonwealth and that the Minister may refuse certain names or signatures (s 53). Application fees are governed by a separate Act, with the Minister having the authority to specify circumstances for fee waivers or refunds (s 56). The Act concludes with provisions on the making of regulations and the ability of the Minister to make determinations regarding various aspects of the Act (ss 57-58).
- Area of Law
- Identity Verification Law
- Civil Litigation & Procedure
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Regulatory Standards
- Review & Sunset Clauses
- Reporting & Disclosure Obligations