Foreign Passports (Law Enforcement and Security) Act 2005
No. 15, 1938
Compilation No. 21
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Foreign Passports (Law Enforcement and Security) Act 2005 that shows the text of the law as amended and in force on 14 October 2024 (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. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
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. For more information on any modifications, see the Register for the compiled law.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
4 Extension of Act to Territories
5 Interpretation
5A Application of the Criminal Code
Part 2—Enforcement officers’ powers in relation to foreign travel documents
Division 1—Requesting the Minister to order surrender of foreign travel documents
13 Request relating to Australian law enforcement matters
14 Request relating to international law enforcement co‑operation
15 Request relating to potential for harmful conduct
15A Request for 28 day surrender relating to security risk
Division 2—Demands for foreign travel documents
16 Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15
16A Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A
17 Demand for suspicious foreign travel document
Part 3—Offences relating to foreign travel documents
18 Making false or misleading statements in relation to foreign travel document applications
19 Giving false or misleading information in relation to foreign travel document applications
20 Producing false or misleading documents in relation to foreign travel document applications
21 Improper use or possession of a foreign travel document
22 Possessing, making or providing false foreign travel documents
Part 4—Miscellaneous
23 Administrative review
23A Delegation of Minister’s power to order surrender…
Overview
The Foreign Passports (Law Enforcement and Security) Act 2005 was enacted by the Australian Parliament to address issues related to the security and law enforcement aspects of foreign passports and other foreign travel documents. The Act was designed to provide law enforcement agencies with the necessary tools to address potential security threats and criminal activities associated with the use of foreign travel documents. The primary policy objective of this Act is to enhance the capacity of enforcement officers to manage and control foreign travel documents in situations where there is a reasonable suspicion or evidence of potential harm, criminal activity, or evasion of legal processes. This includes enabling the surrender and seizure of foreign travel documents under specific circumstances, such as when an individual is subject to an arrest warrant, is restricted from international travel by legal order, or poses a security risk. Additionally, the Act establishes a legal framework for the administrative review of decisions made under the Act, ensuring that the rights of individuals are protected while facilitating the efficient enforcement of laws related to foreign travel documents.
Scope and Application
The Foreign Passports (Law Enforcement and Security) Act 2005 applies to foreign travel documents and foreign passports. It extends to the Commonwealth and the Territories and includes provisions relating to the powers of enforcement officers, offences involving foreign travel documents, and administrative review. The Act applies to Australian citizens, persons who are in Australia, and foreign nationals, as well as foreign travel documents that are issued by or on behalf of the government of a foreign country. The Minister for Home Affairs may order the surrender of foreign travel documents on the request of a competent authority if certain conditions are met. The Act also imposes offences for making false or misleading statements, possessing or using false foreign travel documents, and other related conduct. The enforcement powers of the Act are exercised by enforcement officers, which include officers of Customs, Australian Federal Police, state or territory police forces, and others authorised by the Minister. The Act allows for the delegation of powers by the Minister and the making of regulations to carry out or give effect to the Act. The Act is subject to administrative review by the Administrative Review Tribunal, except where the Minister certifies that the decision involves matters of international relations or criminal intelligence, in which case the Tribunal may only affirm the Minister’s decision or remit the decision to the Minister for reconsideration.
Key Provisions
- The Foreign Passports (Law Enforcement and Security) Act 2005 (the Act) governs the powers of enforcement officers to request, demand and seize foreign travel documents, as well as the offences relating to foreign travel documents. Under sections 13, 14 and 15 of the Act, a competent authority may request the Minister to order the surrender of a person's foreign travel documents if they believe on reasonable grounds that the person is the subject of an arrest warrant issued in Australia or a foreign country, or is prevented from travelling internationally by a court order, parole conditions, or a law of Australia or a foreign country. Under section 15A, the Director-General of Security may request the Minister to order the surrender of a person's foreign travel documents if they suspect on reasonable grounds that the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country. Under sections 16 and 16A, if the Minister makes an order under sections 13, 14, 15 or 15A, an enforcement officer may demand that the person surrender their foreign travel documents. The person must surrender their foreign travel documents to the enforcement officer, or the enforcement officer may seize the documents. Under sections 18 to 22, the Act imposes offences and penalties for making false or misleading statements, information or documents in relation to foreign travel document applications, using or possessing a cancelled or unauthorised foreign travel document, and possessing, making or providing a false foreign travel document.
- The Act imposes several obligations and requirements on enforcement officers and other parties. Enforcement officers must comply with any directions of the Minister when exercising their powers under the Act. Competent authorities must make their requests to the Minister in writing and provide any information or evidence that supports their request. The Minister must consider the request and any information or evidence provided, and make a decision within a reasonable time. If the Minister makes an order under sections 13, 14, 15 or 15A, the enforcement officer must serve the order on the person and demand the surrender of their foreign travel documents. The person must surrender their foreign travel documents to the enforcement officer, or the enforcement officer may seize the documents. The person may apply to the Administrative Review Tribunal for review of the Minister's decision to order the surrender of their foreign travel documents.
- The Act also imposes offences and penalties for breach of its provisions. Under sections 16(5), 16A(5) and 17(2), a person commits an offence if they fail to surrender their foreign travel documents to an enforcement officer after being demanded to do so under sections 16, 16A or 17. The maximum penalty for these offences is imprisonment for 1 year or 20 penalty units, or both. Under sections 18, 19, 20, 21 and 22, a person commits an offence if they make false or misleading statements, information or documents in relation to foreign travel document applications, use or possess a cancelled or unauthorised foreign travel document, or possess, make or provide a false foreign travel document. The maximum penalty for these offences is imprisonment for 10 years or 1,000 penalty units, or both. The Act also applies the Criminal Code to all offences against the Act, which sets out the general principles of criminal responsibility.
- Area of Law
- National Security Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers