Australian Passports Determination 2015
made under the
Australian Passports Act 2005
Compilation No. 7
Compilation date: 13 June 2026
Includes amendments: F2026L00715
About this compilation
This compilation
This is a compilation of the Australian Passports Determination 2015 that shows the text of the law as amended and in force on 13 June 2026 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name
3 Authority
5 Definitions
Part 2—Australian travel documents
Division 1—Issue of travel‑related documents
6 Minister may issue convention travel documents
7 Minister may issue certificates of identity
8 Minister may issue documents of identity
9 Minister may issue provisional travel documents
Division 2—Reasons the Minister may refuse to issue an Australian travel document
Subdivision A—Children
10 Special circumstances in which the Minister may issue an Australian travel document to a child
Subdivision B—Law enforcement and security
11 Competent authorities—Australian law enforcement matters
12 Competent authorities—international law enforcement cooperation
13 Minister may refuse to issue an Australian travel document—reasons relating to potential for harmful conduct
14 Competent authorities—potential for harmful conduct
Subdivision C—Administrative reasons
15 Circumstances in which the Minister may issue an Australian travel document—concurrent travel documents
16 Circumstances in which the Minister may issue an Australian passport—diplomatic and official passports
Division 3—When Australian travel documents are not valid
17 Period of validity for Australian passports
18 Circumstances in which Australian travel documents cease to be valid—damage
19 Circumstances in which Australian travel documents cease to be valid—other circumstances
Part 3—Administrative matters
Overview
The Australian Passports Determination 2015, made under the Australian Passports Act 2005, was enacted to provide a comprehensive regulatory framework governing the issuance, validity, and administrative aspects of Australian travel documents. The determination addresses the need to streamline the process of issuing travel documents to various categories of individuals, including refugees, stateless persons, and those requiring special administrative considerations. It also outlines the circumstances under which the Minister may refuse to issue a travel document, including reasons related to potential for harmful conduct, administrative issues, and other specified grounds. Furthermore, the determination establishes the validity periods for different types of Australian passports, the conditions under which travel documents cease to be valid, and provisions for the disclosure of information relating to travel documents. Additionally, it provides for the waiver and refund of fees under certain conditions, delegation of powers, and review of decisions, ensuring a balanced approach to the administration of travel document issuance.
Scope and Application
The Australian Passports Determination 2015, made under the Australian Passports Act 2005, outlines the specific provisions for the issuance and administration of Australian travel documents, including passports, convention travel documents, certificates of identity, and documents of identity. This legislative instrument applies to individuals and entities involved in the application process for Australian travel documents, such as applicants, referees, and various government departments and agencies responsible for verifying identity and processing applications. It has a Commonwealth jurisdictional reach, governing the issuance and administration of travel documents issued by the Australian government. The Act does not explicitly state exclusions or thresholds but implies that certain categories of individuals, such as those with criminal records or those deemed a security risk, may be subject to restrictions or refusals in the issuance of travel documents. The application of the Act can be extended or modified through subordinate instruments, which may include further specifications on eligibility criteria, procedural requirements, and administrative guidelines. These instruments allow for adjustments to the implementation of the Act in response to changing circumstances or policy considerations, ensuring the continued effectiveness and relevance of the legislation in managing the issuance of Australian travel documents.
Key Provisions
- The Australian Passports Determination 2015 (Determination) outlines the key provisions for the issuance of Australian travel documents, the grounds on which such issuance may be refused, and the circumstances in which travel documents become invalid. It also covers the delegation of the Minister's powers, the review of decisions, and the continued operation of the Australian Passports Determination 2005.
- Under the Determination, the Minister may issue various types of travel documents, including convention travel documents, certificates of identity, documents of identity, and provisional travel documents. The issuance of these documents is subject to certain conditions, such as the applicant's refugee status, their need for a valid travel document, or their inability to obtain a travel document from their country of nationality or lawful residence.
- The Minister may also refuse to issue an Australian travel document under specific circumstances, such as when there are reasons related to the potential for harmful conduct, including criminal offences or law enforcement matters. Additionally, the Minister may refuse to issue a travel document to a child if a person with parental responsibility has not consented, unless special circumstances apply.
- The Determination imposes several obligations on the parties or entities it governs. For instance, it mandates the disclosure of information to and by the Minister, specifies the methods of performing functions under the Act, and outlines the process for confirming evidence of identity. Furthermore, it details the maximum period of validity for Australian passports, which varies depending on the circumstances of issuance.
- The Determination also sets out the offences, penalties, and civil or criminal consequences for breach. For example, it specifies the maximum penalties for unauthorised use of an Australian travel document, which can result in imprisonment for up to 2 years, a fine of up to 5,000 penalty units, or both. Additionally, the Determination allows for the waiver or refund of fees under certain conditions, such as compassionate grounds or exceptional circumstances. However, it explicitly states that no waivers or refunds are applicable for applications refused due to refusal or cancellation requests.
- Overall, the Australian Passports Determination 2015 provides a comprehensive framework for the issuance, refusal, and validity of Australian travel documents, while also outlining the obligations, penalties, and review mechanisms associated with these provisions.
- Area of Law
- Immigration & Refugee Law
- International Trade Law
- Instrument
- Legislative Instrument
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Transitional Provisions
