Foreign Passports Determination 2005
as amended
made under section 24 of the
Foreign Passports (Law Enforcement and Security) Act 2005
This compilation was prepared on 4 April 2007
taking into account amendments up to Foreign Passports Amendment Determination 2005 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Determination [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Competent authorities — Australian law enforcement matters
5 Competent authorities — international law enforcement cooperation
6 Reasons relating to potential for harmful conduct
7 Competent authorities — potential for harmful conduct
Notes
1 Name of Determination [see Note 1]
This Determination is the Foreign Passports Determination 2005.
2 Commencement [see Note 1]
This Determination commences on the day after it is registered.
3 Definition
In this Determination:
Foreign Passports Act means the Foreign Passports (Law Enforcement and Security) Act 2005.
Note This Determination was originally made under the Passports Act 1938. The Australian Passports (Transitionals and Consequentials) Act 2005 amended the title of that Act to the Foreign Passports (Law Enforcement and Security) Act 2005, with effect from the commencement of sections 3 to 58 of the Australian Passports Act 2005.
4 Competent authorities — Australian law enforcement matters
For paragraph (b) of the definition of competent authority in subsection 13 (2) of the Foreign Passports Act, the following persons are specified:
(a) the Attorney‑General;
(b) the Secretary of the Attorney‑General’s Department;
(c) SES employees in the Attorney‑General’s Department.
5 Competent authorities — international law enforcement cooperation
(1) For paragraph (b) of the definition of competent authority in subsection 14 (2) of the Foreign Passports Act, the following persons are specified:
(a) the Secretary of the Attorney‑General’s Department;
(b) SES employees in the Attorney‑General’s Department.
(2) For paragraph (c) of the definition of competent authority in subsection 14 (2) of the Foreign Passports Act, the Australian Federal Police is specified.
6 Reasons relating to potential for harmful conduct
For subparagraph 15 (1) (a) (v) of the Foreign Passports Act, the offences mentioned in Schedule 1 to the Australian Passports Determination 2005, as in force from time to time, are specified.
7 Competent authorities — potential for harmful conduct
(1) For subparagraph (b) (ii) of the definition of competent authority in subsection 15 (2) of the Foreign Passports Act, the following persons are specified:
(a) the Secretary of the Attorney‑General’s Department;
(b) SES employees in the Attorney‑General’s Department.
(2) For subparagraph (b) (iii) of the definition of competent authority in subsection 15 (2) of the Foreign Passports Act, the following agencies are specified:
(a) the Australian Customs Service;
(b) the Australian Federal Police;
(c) in relation to conduct of the kind mentioned in subparagraph 15 (1) (a) (i) of the Foreign Passports Act — the Australian Security Intelligence Organisation.
Notes to the Foreign Passports Determination 2005
Note 1
The Foreign Passports Determination 2005 (in force under section 24 of the Foreign Passports (Law Enforcement and Security) Act 2005) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Foreign Passports Determination 2005 | 16 June 2005 (see F2005L01510) | 17 June 2005 | |
Foreign Passports Amendment Determination 2005 (No. 1) | 16 June 2005 (see F2005L01512) | 1 July 2005 (see r. 2 ) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3................. | rs. 2005 No. 1 |
Overview
The Foreign Passports Determination 2005, made under section 24 of the Foreign Passports (Law Enforcement and Security) Act 2005, was introduced to address issues related to the issuance and revocation of Australian passports for law enforcement and security purposes. This legislative instrument was enacted by the Australian Parliament to ensure that passports are not issued to individuals who may pose a risk to national security or who may engage in harmful conduct. The Determination specifies the competent authorities involved in making decisions regarding passport issuance and revocation, including the Attorney-General, the Secretary of the Attorney-General’s Department, Senior Executive Service (SES) employees in the Attorney-General’s Department, the Australian Federal Police, and the Australian Customs Service, among others. The primary policy objective is to safeguard national security and international cooperation by controlling who is granted Australian passports.
Scope and Application
The Foreign Passports Determination 2005, made under section 24 of the Foreign Passports (Law Enforcement and Security) Act 2005, specifies the individuals and agencies considered competent authorities for various aspects of the Act. This legislative instrument applies to the Attorney-General, the Secretary of the Attorney-General’s Department, Senior Executive Service (SES) employees in the Attorney-General’s Department, the Australian Federal Police, the Australian Customs Service, and the Australian Security Intelligence Organisation in relation to their respective roles and functions under the Act. The Determination delineates the scope of authority and responsibility for these entities in matters pertaining to Australian law enforcement, international law enforcement cooperation, and assessments of potential harmful conduct. The competent authorities are identified for different contexts, such as Australian law enforcement matters, international law enforcement cooperation, and potential for harmful conduct, thus clarifying the jurisdictional and operational reach of the Act. The Determination also references offences specified in the Australian Passports Determination 2005, as amended, which are relevant to the assessment of potential for harmful conduct. The Determination is applicable nationally and was updated to reflect legislative changes, with the most recent amendment coming into effect on 1 July 2005.
Key Provisions
The Foreign Passports Determination 2005, made under section 24 of the Foreign Passports (Law Enforcement and Security) Act 2005, outlines the specific provisions related to the issuance and revocation of foreign passports. Section 4 specifies the competent authorities for Australian law enforcement matters, which include the Attorney-General, the Secretary of the Attorney-General’s Department, and Senior Executive Service (SES) employees in that department. Section 5 identifies the competent authorities for international law enforcement cooperation, which are the Secretary of the Attorney-General’s Department, SES employees in that department, and the Australian Federal Police. Section 6 specifies the offences related to the potential for harmful conduct, referring to the Schedule 1 of the Australian Passports Determination 2005. Section 7 further defines the competent authorities in relation to potential harmful conduct, including the Secretary of the Attorney-General’s Department, SES employees in that department, the Australian Customs Service, the Australian Federal Police, and the Australian Security Intelligence Organisation for certain conduct.
The obligations imposed by this Determination on the specified authorities include the responsibility to act in accordance with the provisions of the Foreign Passports (Law Enforcement and Security) Act 2005. These authorities must ensure that the issuance and revocation of foreign passports are handled appropriately, particularly in cases where there is a potential for harmful conduct. The authorities must also coordinate with international counterparts as needed to address issues related to law enforcement and security. The specified agencies must perform their roles diligently to uphold the integrity of the passport system and to prevent any misuse of passports for unlawful activities.
The Foreign Passports Determination 2005 includes provisions for offences and penalties related to the misuse of passports. While the specific penalties are not detailed within the Determination itself, they are likely to be found in the main Act or other related legislation. The authorities have the power to take action against individuals who are suspected of using passports for harmful conduct. The consequences of breaches can include the revocation of passports, criminal charges, and potential imprisonment or fines, depending on the severity of the offence and the jurisdiction’s laws. The authorities must enforce the law strictly to maintain the security and integrity of the passport system.