Passports Amendment Regulations 2004 (No. 2) (Cth)

Passports Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 2122

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Passports Act 1938.

Dated 8 July 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

ALEXANDER DOWNER

Minister for Foreign Affairs

1Name of Regulations

These Regulations are the Passports Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Passports Regulations 1939

Schedule 1 amends the Passports Regulations 1939.

Schedule 1Amendment

(regulation 3)

  

[1]Regulation 12

substitute

12Disclosure of information to specified persons or organisations

1. (1)

   Subject to subregulation (4), the Minister may disclose to a person or organisation mentioned in subregulation (2) the information mentioned in subregulation (3), for the purposes of:

   1. (a)

      informing the person or organisation about the status of an Australian travel document; and

   2. (b)

      traveller facilitation.

2. (2)

   The persons and organisations are:

   1. (a)

      the Secretary of the New Zealand Department of Labour; and

   2. (b)

      the United States Department of Homeland Security; and

   3. (c)

      the International Criminal Police Organisation (Interpol).

3. (3)

   The information is:

   1. (a)

      information contained on the data page of the Australian travel document including, but not limited to, the following:

      1. (i)

         the document number;

      2. (ii)

         the document type;

      3. (iii)

         the date of issue of the document;

      4. (iv)

         the date of expiry of the document;

      5. (v)

         the authority of the document;

      6. (vi)

         the document holder’s family name, given name and sex;

      7. (vii)

         the document holder’s nationality;

      8. (viii)

         the document holder’s date of birth;

      9. (ix)

         the document holder’s place of birth;

      10. (x)

          the document holder’s photograph; and

   2. (b)

      the status of the Australian travel document, including, but not limited to, the following:

      1. (i)

         whether the document has expired;

      2. (ii)

         whether the document has been lost or stolen;

      3. (iii)

         whether the document has been fraudulently obtained;

      4. (iv)

         whether the document is in some way restricted in its use; and

   3. (c)

      any other information that is necessary to establish the authenticity of a passenger holding an Australian travel document.

4. (4)

   The Minister may disclose the information to a person or organisation only if:

   1. (a)

      that person has entered into a memorandum of understanding with the Minister that has been signed by or for the Minister; and

   2. (b)

      the memorandum of understanding:

      1. (i)

         states that the information must be used only to check travel documents for a purpose mentioned in subregulation (1); and

      2. (ii)

         explains what information will be disclosed to the person or organisation; and

      3. (iii)

         deals with the storage and security of information disclosed to the person or organisation; and

      4. (iv)

         deals with the disclosure of information by the person or organisation.

5. (5)

   If a person or organisation other than a person or organisation mentioned in subregulation (2) becomes responsible for checking a type of Australian travel document for a purpose mentioned in subregulation (1), the Minister may give the information about the document to the other person or organisation if:

   1. (a)

      the other person or organisation has entered into a memorandum of understanding with the Minister that has been signed by or for the Minister; and

   2. (b)

      the memorandum of understanding complies with the requirements of paragraph (4) (b).

6. (6)

   In this regulation:

Australian travel document means any of the following:

1. (a)

   an Australian passport;

2. (b)

   a convention travel document issued under regulation 8;

3. (c)

   a certificate of identity issued under regulation 9;

4. (d)

   a document of identity issued under regulation 10.

Notes

1. These Regulations amend Statutory Rules 1939 No. 47, as amended by 1945 No. 183; 1948 No. 52; 1949 Nos. 7 and 41; 1952 No. 67; 1956 No. 45; 1966 No. 100; 1969 No. 80; 1974 No. 181; 1976 No. 68; 1979 No. 80; 1981 No. 245; 1983 No. 37; 1985 No. 277; 1986 Nos. 25 and 212; 1987 No. 217; 1988 No. 147; 1989 Nos. 39 and 133; 1990 No. 225; 1991 No. 204; 1992 Nos. 211 and 296; 1993 No. 157; 1994 No. 205; 1995 No. 182; 1996 Nos. 141 and 210; 1997 No. 180; 1998 No. 42; 1999 No. 253; 2000 No. 157; 2001 No. 156; 2002 No. 118; 2003 No. 120; 2004 No. 144.

2. Notified in the Commonwealth of Australia Gazette