{"id":"C1938A00015","name":"Foreign Passports (Law Enforcement and Security) Act 2005","slug":"foreign-passports-law-enforcement-and-security-act-2005","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"15 of 1938","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":674,"registerId":"C2024C00622","compilationNumber":"21","startDate":"2024-10-14","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 8 (items 11-16) of the [Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024](/C2024A00039)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024","year":2024,"number":39,"titleId":"C2024A00039","provisions":"sch 8 (items 11-16)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2024-10-14T12:52:35.876Z"},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Foreign Passports (Law Enforcement and Security) Act 2005.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall commence on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Extension of Act to Territories","content":"#### 4 Extension of Act to Territories\n\n  This Act shall extend to the Territories.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> ASIO means the Australian Security Intelligence Organisation.\n\n> Australia includes the Territories.\n\n> competent authority means a competent authority for the purposes of section 13, 14 or 15.\n\n> document includes:\n\n    (a) any paper or other material on which there is writing; or\n    (b) any paper or other material on which there are marks, figures, symbols or perforations that are:\n    (i) capable of being given a meaning by persons qualified to interpret them; or\n    (ii) capable of being responded to by a computer, a machine or an electronic device; or\n    (c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.\n\n> enforcement officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) a member or a special member of the Australian Federal Police; or\n    (c) an officer of the police force of a State or Territory; or\n    (d) a person, or a person who is one of a class of persons, authorised in writing by the Minister to exercise the powers and perform the functions of an enforcement officer.\n\n> foreign passport means a passport issued by or on behalf of the government of a foreign country.\n\n> foreign travel document means:\n\n    (a) a foreign passport; or\n    (b) a document of identity issued for travel purposes by or on behalf of the government of a foreign country (whether or not also issued for another purpose).\n\n> Minister’s determination means an instrument made by the Minister for the purposes of this Act under section 24.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Enforcement officers’ powers in relation to foreign travel documents","content":"An Act relating to foreign passports and other foreign travel documents\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Passports (Law Enforcement and Security) Act 2005.\n\n#### 2 Commencement\n\n  This Act shall commence on a date to be fixed by Proclamation.\n\n#### 4 Extension of Act to Territories\n\n  This Act shall extend to the Territories.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> ASIO means the Australian Security Intelligence Organisation.\n\n> Australia includes the Territories.\n\n> competent authority means a competent authority for the purposes of section 13, 14 or 15.\n\n> document includes:\n\n    (a) any paper or other material on which there is writing; or\n    (b) any paper or other material on which there are marks, figures, symbols or perforations that are:\n    (i) capable of being given a meaning by persons qualified to interpret them; or\n    (ii) capable of being responded to by a computer, a machine or an electronic device; or\n    (c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.\n\n> enforcement officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) a member or a special member of the Australian Federal Police; or\n    (c) an officer of the police force of a State or Territory; or\n    (d) a person, or a person who is one of a class of persons, authorised in writing by the Minister to exercise the powers and perform the functions of an enforcement officer.\n\n> foreign passport means a passport issued by or on behalf of the government of a foreign country.\n\n> foreign travel document means:\n\n    (a) a foreign passport; or\n    (b) a document of identity issued for travel purposes by or on behalf of the government of a foreign country (whether or not also issued for another purpose).\n\n> Minister’s determination means an instrument made by the Minister for the purposes of this Act under section 24.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Enforcement officers’ powers in relation to foreign travel documents\n\n### Division 1—Requesting the Minister to order surrender of foreign travel documents\n\n#### 13 Request relating to Australian law enforcement matters\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in Australia in respect of an indictable offence against a law of the Commonwealth, a State or Territory; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of the Commonwealth, a State or Territory; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of the Commonwealth, a State or Territory; or\n    (iii) a law of the Commonwealth, or an order or other direction (however described) under a law of the Commonwealth;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (1A) A competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents if the person is:\n    (a) an Australian citizen; and\n    (b) a reportable offender.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b) or (1A)(b), means:\n\n    (a) a person who has responsibility for, or powers, functions or duties in relation to, that circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (b) a person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in Australia; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> reportable offender means a person:\n\n    (a) whose name is entered on a child protection offender register (however described) of a State or Territory; and\n    (b) who has reporting obligations (however described) in connection with that entry on the register.\n\n#### 14 Request relating to international law enforcement co‑operation\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of a foreign country; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or\n    (iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (b) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (c) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in the foreign country concerned; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> serious foreign offence means an offence against the law of a foreign country:\n\n    (a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or\n    (b) if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or\n    (c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or\n    (d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister’s determination made for the purposes of subparagraph 15(1)(a)(v).\n\n#### 15 Request relating to potential for harmful conduct\n\n  (1) If a competent authority suspects on reasonable grounds that:\n    (a) unless a person’s foreign travel documents are surrendered, the person would be likely to engage in conduct that:\n    (i) might prejudice the security of Australia or a foreign country; or\n    (ii) might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or\n    (iii) might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or\n    (iv) might constitute an indictable offence against this Act; or\n    (v) might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister’s determination; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n\n> Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 (\\[1980\\] ATS 23) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in subsection (1), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (b) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (c) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (d) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (e) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (f) any person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 (\\[1968\\] ATS 3) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The Vienna Convention on Consular Relations is in Australian Treaty Series 1973 No. 7 (\\[1973\\] ATS 7) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n#### 15A Request for 28 day surrender relating to security risk\n\n  (1) The Director‑General of Security may request the Minister to make an order under section 16A in relation to a person’s foreign travel documents if the Director‑General suspects on reasonable grounds that:\n    (a) the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct.\n  (2) If the Minister has made an order under section 16A in relation to a person’s foreign travel documents, another request under subsection (1) of this section relating to the person must not be made unless the grounds for suspicion mentioned in that subsection include information first obtained by the Director‑General of Security or an officer or employee of ASIO more than 28 days after the Minister made the order.\n  (3) The Director‑General of Security may, in writing, delegate his or her power under subsection (1) to a Deputy Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).\n  (4) In exercising power under a delegation, the delegate must comply with any directions of the Director‑General of Security.\n\n### Division 2—Demands for foreign travel documents\n\n#### 16 Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15\n\n  (1) If a competent authority makes a request under section 13 (other than subsection 13(1A)), 14 or 15 in relation to a person, the Minister may order the surrender of the person’s foreign travel documents.\n  (1A) If a competent authority makes a request under subsection 13(1A) in relation to a person, the Minister must order the surrender of the person’s foreign travel documents.\n  (2) If the Minister has made an order under subsection (1) or (1A), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section may be retained for so long as there is a competent authority who:\n    (a) believes on reasonable grounds that a circumstance mentioned in section 13 or 14 applies in relation to the person; or\n    (b) suspects on reasonable grounds that a circumstance mentioned in section 15 applies in relation to the person.\n  (7) Despite subsection (6), a foreign travel document must be returned to the person to whom it was issued if, on review by the Administrative Review Tribunal:\n    (a) the Tribunal sets aside the decision of the Minister to order the surrender of the document; and\n    (b) either:\n    (i) the Tribunal substitutes a decision not to order the surrender of the document; or\n    (ii) the Tribunal remits the matter for reconsideration and, on that reconsideration, the Minister decides not to order the surrender of the document.\n\n#### 16A Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A\n\n  (1) The Minister may, on request under section 15A relating to a person’s foreign travel documents, order the surrender of the documents.\n  (2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section must be returned, to the person to whom it was issued, 28 days after the Minister made the order under subsection (1) relating to the document.\n  (7) However, subsection (6) does not apply if, within the 28 days described in that subsection, the Minister makes an order under subsection 16(1). In that case, subsections 16(6) and (7) apply in relation to the foreign travel document as if it had been obtained by an enforcement officer under section 16.\n\n#### 17 Demand for suspicious foreign travel document\n\n  (1) An enforcement officer may demand that a person surrender to the officer:\n    (a) a foreign travel document that has been obtained, or that the officer suspects on reasonable grounds has been obtained, by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) a foreign travel document or other document that has been used, or that the officer suspects on reasonable grounds has been used, in the commission of an offence against this Act.\n  (2) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (1) that the person surrender a document; and\n    (b) the officer informs the person that the officer is authorised to demand that document; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of the document; and\n    (e) the person fails to surrender the document to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (3) A document surrendered to an enforcement officer under this section may be retained for so long as there is an enforcement officer who suspects on reasonable grounds:\n    (a) that the document was obtained by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) that the document has been used in the commission of an offence against this Act.\n\n## Part 3—Offences relating to foreign travel documents\n\n#### 18 Making false or misleading statements in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person makes a statement (whether orally, in writing or any other way) to another person; and\n    (b) the statement:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the statement is misleading; and\n    (c) the statement is made in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the statement is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the statement did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 19 Giving false or misleading information in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person gives information to another person; and\n    (b) the information:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information is misleading; and\n    (c) the information is given in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the information is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the information did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 20 Producing false or misleading documents in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person produces a document to another person; and\n    (b) the document is false or misleading; and\n    (c) the document is produced in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate):\n    (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and\n    (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n#### 21 Improper use or possession of a foreign travel document\n\n  (1) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document has been cancelled.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) A person commits an offence if:\n    (a) the person provides another person with a foreign travel document that was issued to the first‑mentioned person; and\n    (b) the first‑mentioned person is reckless as to whether the document is or will be used by the other person in connection with travel or identification.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (4) A person commits an offence if:\n    (a) the person has possession or control of a foreign travel document; and\n    (b) the person knows that the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.\n\n#### 22 Possessing, making or providing false foreign travel documents\n\n  (1) A person commits an offence if:\n    (a) the person has possession or control of a document; and\n    (b) the person knows that the document is a false foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person:\n    (i) makes a false foreign travel document; or\n    (ii) provides a false foreign travel document to another person; and\n    (b) the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) In this section:\n\n> false foreign travel document:\n\n    (a) means a document:\n    (i) that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or\n    (ii) that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and\n    (b) includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.\n\n> make, in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).\n\n## Part 4—Miscellaneous\n\n#### 23 Administrative review\n\n  (1) Application may be made to the Administrative Review Tribunal for review of a decision by the Minister under section 16 (other than subsection 16(1A)) to order the surrender of a person’s foreign travel documents.\n  (2) For the purposes of section 17 of the Administrative Review Tribunal Act 2024, the only person whose interests are taken to be affected by the decision is the person whose foreign travel documents are ordered to be surrendered.\n  (3) The Minister may, if the Minister makes a decision in response to a request under section 15, certify that the decision involved matters of international relations or criminal intelligence.\n  (4) Despite section 105 of the Administrative Review Tribunal Act 2024, if the Minister has given a certificate under subsection (3) in relation to a decision, then in any review of that decision the Administrative Review Tribunal may only make a decision:\n    (a) affirming the Minister’s decision; or\n    (b) remitting the decision to the Minister for reconsideration in accordance with any orders or recommendations of the Tribunal.\n\n#### 23A Delegation of Minister’s power to order surrender of documents\n\n  (1) The Minister may delegate to an SES employee the Minister’s power to make an order under subsection 16(1) or (1A) in response to a request made under section 13.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 24 Minister’s determinations\n\n  (1) The Minister may make instruments specifying any of the matters that this Act provides may be specified in a Minister’s determination.\n  (2) An instrument made under subsection (1) is a legislative instrument.\n\n#### 25 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Requesting the Minister to order surrender of foreign travel documents","content":"An Act relating to foreign passports and other foreign travel documents\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Passports (Law Enforcement and Security) Act 2005.\n\n#### 2 Commencement\n\n  This Act shall commence on a date to be fixed by Proclamation.\n\n#### 4 Extension of Act to Territories\n\n  This Act shall extend to the Territories.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> ASIO means the Australian Security Intelligence Organisation.\n\n> Australia includes the Territories.\n\n> competent authority means a competent authority for the purposes of section 13, 14 or 15.\n\n> document includes:\n\n    (a) any paper or other material on which there is writing; or\n    (b) any paper or other material on which there are marks, figures, symbols or perforations that are:\n    (i) capable of being given a meaning by persons qualified to interpret them; or\n    (ii) capable of being responded to by a computer, a machine or an electronic device; or\n    (c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.\n\n> enforcement officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) a member or a special member of the Australian Federal Police; or\n    (c) an officer of the police force of a State or Territory; or\n    (d) a person, or a person who is one of a class of persons, authorised in writing by the Minister to exercise the powers and perform the functions of an enforcement officer.\n\n> foreign passport means a passport issued by or on behalf of the government of a foreign country.\n\n> foreign travel document means:\n\n    (a) a foreign passport; or\n    (b) a document of identity issued for travel purposes by or on behalf of the government of a foreign country (whether or not also issued for another purpose).\n\n> Minister’s determination means an instrument made by the Minister for the purposes of this Act under section 24.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Enforcement officers’ powers in relation to foreign travel documents\n\n### Division 1—Requesting the Minister to order surrender of foreign travel documents\n\n#### 13 Request relating to Australian law enforcement matters\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in Australia in respect of an indictable offence against a law of the Commonwealth, a State or Territory; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of the Commonwealth, a State or Territory; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of the Commonwealth, a State or Territory; or\n    (iii) a law of the Commonwealth, or an order or other direction (however described) under a law of the Commonwealth;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (1A) A competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents if the person is:\n    (a) an Australian citizen; and\n    (b) a reportable offender.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b) or (1A)(b), means:\n\n    (a) a person who has responsibility for, or powers, functions or duties in relation to, that circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (b) a person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in Australia; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> reportable offender means a person:\n\n    (a) whose name is entered on a child protection offender register (however described) of a State or Territory; and\n    (b) who has reporting obligations (however described) in connection with that entry on the register.\n\n#### 14 Request relating to international law enforcement co‑operation\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of a foreign country; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or\n    (iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (b) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (c) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in the foreign country concerned; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> serious foreign offence means an offence against the law of a foreign country:\n\n    (a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or\n    (b) if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or\n    (c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or\n    (d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister’s determination made for the purposes of subparagraph 15(1)(a)(v).\n\n#### 15 Request relating to potential for harmful conduct\n\n  (1) If a competent authority suspects on reasonable grounds that:\n    (a) unless a person’s foreign travel documents are surrendered, the person would be likely to engage in conduct that:\n    (i) might prejudice the security of Australia or a foreign country; or\n    (ii) might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or\n    (iii) might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or\n    (iv) might constitute an indictable offence against this Act; or\n    (v) might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister’s determination; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n\n> Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 (\\[1980\\] ATS 23) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in subsection (1), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (b) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (c) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (d) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (e) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (f) any person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 (\\[1968\\] ATS 3) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The Vienna Convention on Consular Relations is in Australian Treaty Series 1973 No. 7 (\\[1973\\] ATS 7) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n#### 15A Request for 28 day surrender relating to security risk\n\n  (1) The Director‑General of Security may request the Minister to make an order under section 16A in relation to a person’s foreign travel documents if the Director‑General suspects on reasonable grounds that:\n    (a) the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct.\n  (2) If the Minister has made an order under section 16A in relation to a person’s foreign travel documents, another request under subsection (1) of this section relating to the person must not be made unless the grounds for suspicion mentioned in that subsection include information first obtained by the Director‑General of Security or an officer or employee of ASIO more than 28 days after the Minister made the order.\n  (3) The Director‑General of Security may, in writing, delegate his or her power under subsection (1) to a Deputy Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).\n  (4) In exercising power under a delegation, the delegate must comply with any directions of the Director‑General of Security.\n\n### Division 2—Demands for foreign travel documents\n\n#### 16 Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15\n\n  (1) If a competent authority makes a request under section 13 (other than subsection 13(1A)), 14 or 15 in relation to a person, the Minister may order the surrender of the person’s foreign travel documents.\n  (1A) If a competent authority makes a request under subsection 13(1A) in relation to a person, the Minister must order the surrender of the person’s foreign travel documents.\n  (2) If the Minister has made an order under subsection (1) or (1A), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section may be retained for so long as there is a competent authority who:\n    (a) believes on reasonable grounds that a circumstance mentioned in section 13 or 14 applies in relation to the person; or\n    (b) suspects on reasonable grounds that a circumstance mentioned in section 15 applies in relation to the person.\n  (7) Despite subsection (6), a foreign travel document must be returned to the person to whom it was issued if, on review by the Administrative Review Tribunal:\n    (a) the Tribunal sets aside the decision of the Minister to order the surrender of the document; and\n    (b) either:\n    (i) the Tribunal substitutes a decision not to order the surrender of the document; or\n    (ii) the Tribunal remits the matter for reconsideration and, on that reconsideration, the Minister decides not to order the surrender of the document.\n\n#### 16A Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A\n\n  (1) The Minister may, on request under section 15A relating to a person’s foreign travel documents, order the surrender of the documents.\n  (2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section must be returned, to the person to whom it was issued, 28 days after the Minister made the order under subsection (1) relating to the document.\n  (7) However, subsection (6) does not apply if, within the 28 days described in that subsection, the Minister makes an order under subsection 16(1). In that case, subsections 16(6) and (7) apply in relation to the foreign travel document as if it had been obtained by an enforcement officer under section 16.\n\n#### 17 Demand for suspicious foreign travel document\n\n  (1) An enforcement officer may demand that a person surrender to the officer:\n    (a) a foreign travel document that has been obtained, or that the officer suspects on reasonable grounds has been obtained, by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) a foreign travel document or other document that has been used, or that the officer suspects on reasonable grounds has been used, in the commission of an offence against this Act.\n  (2) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (1) that the person surrender a document; and\n    (b) the officer informs the person that the officer is authorised to demand that document; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of the document; and\n    (e) the person fails to surrender the document to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (3) A document surrendered to an enforcement officer under this section may be retained for so long as there is an enforcement officer who suspects on reasonable grounds:\n    (a) that the document was obtained by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) that the document has been used in the commission of an offence against this Act.\n\n## Part 3—Offences relating to foreign travel documents\n\n#### 18 Making false or misleading statements in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person makes a statement (whether orally, in writing or any other way) to another person; and\n    (b) the statement:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the statement is misleading; and\n    (c) the statement is made in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the statement is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the statement did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 19 Giving false or misleading information in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person gives information to another person; and\n    (b) the information:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information is misleading; and\n    (c) the information is given in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the information is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the information did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 20 Producing false or misleading documents in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person produces a document to another person; and\n    (b) the document is false or misleading; and\n    (c) the document is produced in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate):\n    (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and\n    (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n#### 21 Improper use or possession of a foreign travel document\n\n  (1) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document has been cancelled.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) A person commits an offence if:\n    (a) the person provides another person with a foreign travel document that was issued to the first‑mentioned person; and\n    (b) the first‑mentioned person is reckless as to whether the document is or will be used by the other person in connection with travel or identification.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (4) A person commits an offence if:\n    (a) the person has possession or control of a foreign travel document; and\n    (b) the person knows that the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.\n\n#### 22 Possessing, making or providing false foreign travel documents\n\n  (1) A person commits an offence if:\n    (a) the person has possession or control of a document; and\n    (b) the person knows that the document is a false foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person:\n    (i) makes a false foreign travel document; or\n    (ii) provides a false foreign travel document to another person; and\n    (b) the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) In this section:\n\n> false foreign travel document:\n\n    (a) means a document:\n    (i) that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or\n    (ii) that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and\n    (b) includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.\n\n> make, in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).\n\n## Part 4—Miscellaneous\n\n#### 23 Administrative review\n\n  (1) Application may be made to the Administrative Review Tribunal for review of a decision by the Minister under section 16 (other than subsection 16(1A)) to order the surrender of a person’s foreign travel documents.\n  (2) For the purposes of section 17 of the Administrative Review Tribunal Act 2024, the only person whose interests are taken to be affected by the decision is the person whose foreign travel documents are ordered to be surrendered.\n  (3) The Minister may, if the Minister makes a decision in response to a request under section 15, certify that the decision involved matters of international relations or criminal intelligence.\n  (4) Despite section 105 of the Administrative Review Tribunal Act 2024, if the Minister has given a certificate under subsection (3) in relation to a decision, then in any review of that decision the Administrative Review Tribunal may only make a decision:\n    (a) affirming the Minister’s decision; or\n    (b) remitting the decision to the Minister for reconsideration in accordance with any orders or recommendations of the Tribunal.\n\n#### 23A Delegation of Minister’s power to order surrender of documents\n\n  (1) The Minister may delegate to an SES employee the Minister’s power to make an order under subsection 16(1) or (1A) in response to a request made under section 13.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 24 Minister’s determinations\n\n  (1) The Minister may make instruments specifying any of the matters that this Act provides may be specified in a Minister’s determination.\n  (2) An instrument made under subsection (1) is a legislative instrument.\n\n#### 25 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Request relating to Australian law enforcement matters","content":"#### 13 Request relating to Australian law enforcement matters\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in Australia in respect of an indictable offence against a law of the Commonwealth, a State or Territory; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of the Commonwealth, a State or Territory; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of the Commonwealth, a State or Territory; or\n    (iii) a law of the Commonwealth, or an order or other direction (however described) under a law of the Commonwealth;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (1A) A competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents if the person is:\n    (a) an Australian citizen; and\n    (b) a reportable offender.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b) or (1A)(b), means:\n\n    (a) a person who has responsibility for, or powers, functions or duties in relation to, that circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (b) a person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in Australia; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> reportable offender means a person:\n\n    (a) whose name is entered on a child protection offender register (however described) of a State or Territory; and\n    (b) who has reporting obligations (however described) in connection with that entry on the register.","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Request relating to international law enforcement co‑operation","content":"#### 14 Request relating to international law enforcement co‑operation\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of a foreign country; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or\n    (iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (b) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (c) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in the foreign country concerned; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> serious foreign offence means an offence against the law of a foreign country:\n\n    (a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or\n    (b) if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or\n    (c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or\n    (d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister’s determination made for the purposes of subparagraph 15(1)(a)(v).","sortOrder":9},{"sectionNumber":"15","sectionType":"section","heading":"Request relating to potential for harmful conduct","content":"#### 15 Request relating to potential for harmful conduct\n\n  (1) If a competent authority suspects on reasonable grounds that:\n    (a) unless a person’s foreign travel documents are surrendered, the person would be likely to engage in conduct that:\n    (i) might prejudice the security of Australia or a foreign country; or\n    (ii) might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or\n    (iii) might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or\n    (iv) might constitute an indictable offence against this Act; or\n    (v) might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister’s determination; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n\n> Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 (\\[1980\\] ATS 23) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in subsection (1), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (b) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (c) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (d) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (e) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (f) any person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 (\\[1968\\] ATS 3) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The Vienna Convention on Consular Relations is in Australian Treaty Series 1973 No. 7 (\\[1973\\] ATS 7) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).","sortOrder":10},{"sectionNumber":"15A","sectionType":"section","heading":"Request for 28 day surrender relating to security risk","content":"#### 15A Request for 28 day surrender relating to security risk\n\n  (1) The Director‑General of Security may request the Minister to make an order under section 16A in relation to a person’s foreign travel documents if the Director‑General suspects on reasonable grounds that:\n    (a) the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct.\n  (2) If the Minister has made an order under section 16A in relation to a person’s foreign travel documents, another request under subsection (1) of this section relating to the person must not be made unless the grounds for suspicion mentioned in that subsection include information first obtained by the Director‑General of Security or an officer or employee of ASIO more than 28 days after the Minister made the order.\n  (3) The Director‑General of Security may, in writing, delegate his or her power under subsection (1) to a Deputy Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).\n  (4) In exercising power under a delegation, the delegate must comply with any directions of the Director‑General of Security.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Demands for foreign travel documents","content":"An Act relating to foreign passports and other foreign travel documents\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Foreign Passports (Law Enforcement and Security) Act 2005.\n\n#### 2 Commencement\n\n  This Act shall commence on a date to be fixed by Proclamation.\n\n#### 4 Extension of Act to Territories\n\n  This Act shall extend to the Territories.\n\n#### 5 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> ASIO means the Australian Security Intelligence Organisation.\n\n> Australia includes the Territories.\n\n> competent authority means a competent authority for the purposes of section 13, 14 or 15.\n\n> document includes:\n\n    (a) any paper or other material on which there is writing; or\n    (b) any paper or other material on which there are marks, figures, symbols or perforations that are:\n    (i) capable of being given a meaning by persons qualified to interpret them; or\n    (ii) capable of being responded to by a computer, a machine or an electronic device; or\n    (c) any article or material (for example, a disk or a tape) from which information is capable of being reproduced with or without the aid of any other article or device.\n\n> enforcement officer means:\n\n    (a) an officer of Customs within the meaning of the Customs Act 1901; or\n    (b) a member or a special member of the Australian Federal Police; or\n    (c) an officer of the police force of a State or Territory; or\n    (d) a person, or a person who is one of a class of persons, authorised in writing by the Minister to exercise the powers and perform the functions of an enforcement officer.\n\n> foreign passport means a passport issued by or on behalf of the government of a foreign country.\n\n> foreign travel document means:\n\n    (a) a foreign passport; or\n    (b) a document of identity issued for travel purposes by or on behalf of the government of a foreign country (whether or not also issued for another purpose).\n\n> Minister’s determination means an instrument made by the Minister for the purposes of this Act under section 24.\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Enforcement officers’ powers in relation to foreign travel documents\n\n### Division 1—Requesting the Minister to order surrender of foreign travel documents\n\n#### 13 Request relating to Australian law enforcement matters\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in Australia in respect of an indictable offence against a law of the Commonwealth, a State or Territory; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of the Commonwealth, a State or Territory; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of the Commonwealth, a State or Territory; or\n    (iii) a law of the Commonwealth, or an order or other direction (however described) under a law of the Commonwealth;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (1A) A competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents if the person is:\n    (a) an Australian citizen; and\n    (b) a reportable offender.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b) or (1A)(b), means:\n\n    (a) a person who has responsibility for, or powers, functions or duties in relation to, that circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (b) a person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in Australia; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> reportable offender means a person:\n\n    (a) whose name is entered on a child protection offender register (however described) of a State or Territory; and\n    (b) who has reporting obligations (however described) in connection with that entry on the register.\n\n#### 14 Request relating to international law enforcement co‑operation\n\n  (1) If a competent authority believes on reasonable grounds that:\n    (a) a person is the subject of an arrest warrant issued in a foreign country in respect of a serious foreign offence; or\n    (b) a person (including a person who is in prison) is prevented from travelling internationally by force of:\n    (i) an order of a court of a foreign country; or\n    (ii) a condition of parole, or of a recognisance, surety, bail bond or licence for early release from prison, granted under a law of a foreign country, or other similar arrangement made under a law of a foreign country; or\n    (iii) a law of a foreign country, or an order or other direction (however described) under a law of a foreign country.\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in paragraph (1)(a) or (b), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (b) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (c) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7\\. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department’s website.\n\n> prevented from travelling internationally includes:\n\n    (a) required to remain in the foreign country concerned; and\n    (b) required to surrender a passport or document issued for the purposes of travel; and\n    (c) not permitted to apply for a passport or document issued for the purposes of travel; and\n    (d) not permitted to obtain a passport or document issued for the purposes of travel.\n\n> serious foreign offence means an offence against the law of a foreign country:\n\n    (a) for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months; or\n    (b) if the offence does not carry a penalty under the law of the country—the conduct constituting which is, under a treaty to which the country and Australia are parties (being a treaty relating in whole or in part to the surrender of persons accused or convicted of offences), required to be treated as an offence for which the surrender of persons is allowed by the country or Australia; or\n    (c) the conduct constituting which would, if engaged in in Australia, constitute an indictable offence against this Act; or\n    (d) the conduct constituting which would, if engaged in in Australia, constitute an offence specified in a Minister’s determination made for the purposes of subparagraph 15(1)(a)(v).\n\n#### 15 Request relating to potential for harmful conduct\n\n  (1) If a competent authority suspects on reasonable grounds that:\n    (a) unless a person’s foreign travel documents are surrendered, the person would be likely to engage in conduct that:\n    (i) might prejudice the security of Australia or a foreign country; or\n    (ii) might endanger the health or physical safety of other persons (whether in Australia or a foreign country); or\n    (iii) might interfere with the rights or freedoms of other persons (whether in Australia or a foreign country) set out in the International Covenant on Civil and Political Rights; or\n    (iv) might constitute an indictable offence against this Act; or\n    (v) might constitute an indictable offence against a law of the Commonwealth, being an offence specified in a Minister’s determination; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct;\n  the competent authority may request the Minister to make an order under section 16 in relation to the person’s foreign travel documents.\n\n> Note: The International Covenant on Civil and Political Rights is in Australian Treaty Series 1980 No. 23 (\\[1980\\] ATS 23) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n  (2) In this section:\n\n> competent authority, in relation to a circumstance mentioned in subsection (1), means:\n\n    (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or\n    (b) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or\n    (c) an employee of the Commonwealth who is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (d) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister’s determination as a competent authority in relation to the circumstance; or\n    (e) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister’s determination as not being a competent authority in relation to the circumstance); or\n    (f) any person specified in a Minister’s determination as a competent authority in relation to the circumstance.\n\n> Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 (\\[1968\\] ATS 3) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 2: The Vienna Convention on Consular Relations is in Australian Treaty Series 1973 No. 7 (\\[1973\\] ATS 7) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n#### 15A Request for 28 day surrender relating to security risk\n\n  (1) The Director‑General of Security may request the Minister to make an order under section 16A in relation to a person’s foreign travel documents if the Director‑General suspects on reasonable grounds that:\n    (a) the person may leave Australia to engage in conduct that might prejudice the security of Australia or a foreign country; and\n    (b) the person should be required to surrender the person’s foreign travel documents in order to prevent the person from engaging in the conduct.\n  (2) If the Minister has made an order under section 16A in relation to a person’s foreign travel documents, another request under subsection (1) of this section relating to the person must not be made unless the grounds for suspicion mentioned in that subsection include information first obtained by the Director‑General of Security or an officer or employee of ASIO more than 28 days after the Minister made the order.\n  (3) The Director‑General of Security may, in writing, delegate his or her power under subsection (1) to a Deputy Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).\n  (4) In exercising power under a delegation, the delegate must comply with any directions of the Director‑General of Security.\n\n### Division 2—Demands for foreign travel documents\n\n#### 16 Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15\n\n  (1) If a competent authority makes a request under section 13 (other than subsection 13(1A)), 14 or 15 in relation to a person, the Minister may order the surrender of the person’s foreign travel documents.\n  (1A) If a competent authority makes a request under subsection 13(1A) in relation to a person, the Minister must order the surrender of the person’s foreign travel documents.\n  (2) If the Minister has made an order under subsection (1) or (1A), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section may be retained for so long as there is a competent authority who:\n    (a) believes on reasonable grounds that a circumstance mentioned in section 13 or 14 applies in relation to the person; or\n    (b) suspects on reasonable grounds that a circumstance mentioned in section 15 applies in relation to the person.\n  (7) Despite subsection (6), a foreign travel document must be returned to the person to whom it was issued if, on review by the Administrative Review Tribunal:\n    (a) the Tribunal sets aside the decision of the Minister to order the surrender of the document; and\n    (b) either:\n    (i) the Tribunal substitutes a decision not to order the surrender of the document; or\n    (ii) the Tribunal remits the matter for reconsideration and, on that reconsideration, the Minister decides not to order the surrender of the document.\n\n#### 16A Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A\n\n  (1) The Minister may, on request under section 15A relating to a person’s foreign travel documents, order the surrender of the documents.\n  (2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section must be returned, to the person to whom it was issued, 28 days after the Minister made the order under subsection (1) relating to the document.\n  (7) However, subsection (6) does not apply if, within the 28 days described in that subsection, the Minister makes an order under subsection 16(1). In that case, subsections 16(6) and (7) apply in relation to the foreign travel document as if it had been obtained by an enforcement officer under section 16.\n\n#### 17 Demand for suspicious foreign travel document\n\n  (1) An enforcement officer may demand that a person surrender to the officer:\n    (a) a foreign travel document that has been obtained, or that the officer suspects on reasonable grounds has been obtained, by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) a foreign travel document or other document that has been used, or that the officer suspects on reasonable grounds has been used, in the commission of an offence against this Act.\n  (2) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (1) that the person surrender a document; and\n    (b) the officer informs the person that the officer is authorised to demand that document; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of the document; and\n    (e) the person fails to surrender the document to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (3) A document surrendered to an enforcement officer under this section may be retained for so long as there is an enforcement officer who suspects on reasonable grounds:\n    (a) that the document was obtained by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) that the document has been used in the commission of an offence against this Act.\n\n## Part 3—Offences relating to foreign travel documents\n\n#### 18 Making false or misleading statements in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person makes a statement (whether orally, in writing or any other way) to another person; and\n    (b) the statement:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the statement is misleading; and\n    (c) the statement is made in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the statement is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the statement did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 19 Giving false or misleading information in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person gives information to another person; and\n    (b) the information:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information is misleading; and\n    (c) the information is given in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the information is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the information did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n#### 20 Producing false or misleading documents in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person produces a document to another person; and\n    (b) the document is false or misleading; and\n    (c) the document is produced in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate):\n    (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and\n    (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n#### 21 Improper use or possession of a foreign travel document\n\n  (1) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document has been cancelled.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) A person commits an offence if:\n    (a) the person provides another person with a foreign travel document that was issued to the first‑mentioned person; and\n    (b) the first‑mentioned person is reckless as to whether the document is or will be used by the other person in connection with travel or identification.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (4) A person commits an offence if:\n    (a) the person has possession or control of a foreign travel document; and\n    (b) the person knows that the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.\n\n#### 22 Possessing, making or providing false foreign travel documents\n\n  (1) A person commits an offence if:\n    (a) the person has possession or control of a document; and\n    (b) the person knows that the document is a false foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person:\n    (i) makes a false foreign travel document; or\n    (ii) provides a false foreign travel document to another person; and\n    (b) the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) In this section:\n\n> false foreign travel document:\n\n    (a) means a document:\n    (i) that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or\n    (ii) that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and\n    (b) includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.\n\n> make, in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).\n\n## Part 4—Miscellaneous\n\n#### 23 Administrative review\n\n  (1) Application may be made to the Administrative Review Tribunal for review of a decision by the Minister under section 16 (other than subsection 16(1A)) to order the surrender of a person’s foreign travel documents.\n  (2) For the purposes of section 17 of the Administrative Review Tribunal Act 2024, the only person whose interests are taken to be affected by the decision is the person whose foreign travel documents are ordered to be surrendered.\n  (3) The Minister may, if the Minister makes a decision in response to a request under section 15, certify that the decision involved matters of international relations or criminal intelligence.\n  (4) Despite section 105 of the Administrative Review Tribunal Act 2024, if the Minister has given a certificate under subsection (3) in relation to a decision, then in any review of that decision the Administrative Review Tribunal may only make a decision:\n    (a) affirming the Minister’s decision; or\n    (b) remitting the decision to the Minister for reconsideration in accordance with any orders or recommendations of the Tribunal.\n\n#### 23A Delegation of Minister’s power to order surrender of documents\n\n  (1) The Minister may delegate to an SES employee the Minister’s power to make an order under subsection 16(1) or (1A) in response to a request made under section 13.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n#### 24 Minister’s determinations\n\n  (1) The Minister may make instruments specifying any of the matters that this Act provides may be specified in a Minister’s determination.\n  (2) An instrument made under subsection (1) is a legislative instrument.\n\n#### 25 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15","content":"#### 16 Demand for surrender of foreign travel document ordered by Minister on request under section 13, 14 or 15\n\n  (1) If a competent authority makes a request under section 13 (other than subsection 13(1A)), 14 or 15 in relation to a person, the Minister may order the surrender of the person’s foreign travel documents.\n  (1A) If a competent authority makes a request under subsection 13(1A) in relation to a person, the Minister must order the surrender of the person’s foreign travel documents.\n  (2) If the Minister has made an order under subsection (1) or (1A), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section may be retained for so long as there is a competent authority who:\n    (a) believes on reasonable grounds that a circumstance mentioned in section 13 or 14 applies in relation to the person; or\n    (b) suspects on reasonable grounds that a circumstance mentioned in section 15 applies in relation to the person.\n  (7) Despite subsection (6), a foreign travel document must be returned to the person to whom it was issued if, on review by the Administrative Review Tribunal:\n    (a) the Tribunal sets aside the decision of the Minister to order the surrender of the document; and\n    (b) either:\n    (i) the Tribunal substitutes a decision not to order the surrender of the document; or\n    (ii) the Tribunal remits the matter for reconsideration and, on that reconsideration, the Minister decides not to order the surrender of the document.","sortOrder":13},{"sectionNumber":"16A","sectionType":"section","heading":"Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A","content":"#### 16A Demand for 28 day surrender of foreign travel document ordered by Minister on request under section 15A\n\n  (1) The Minister may, on request under section 15A relating to a person’s foreign travel documents, order the surrender of the documents.\n  (2) If the Minister has made an order under subsection (1), an enforcement officer may demand that the person surrender to the officer the person’s foreign travel documents.\n  (3) If the person does not immediately surrender the person’s foreign travel documents, the officer may:\n    (a) seize the person’s foreign travel documents; and\n    (b) seize any foreign travel document of the person that is not in the possession or control of any person.\n  (4) Subsection (3) does not authorise an enforcement officer to enter premises that the officer would not otherwise be authorised to enter.\n  (5) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (2) that the person surrender the person’s foreign travel documents; and\n    (b) the officer informs the person that the Minister has ordered the surrender of the person’s foreign travel documents and that the officer is authorised to make the demand; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of one or more of the person’s foreign travel documents; and\n    (e) the person fails to surrender those documents to the officer immediately.\n\nPenalty: Imprisonment for 6 months or 10 penalty units, or both.\n\n  (6) A foreign travel document obtained by an enforcement officer under this section must be returned, to the person to whom it was issued, 28 days after the Minister made the order under subsection (1) relating to the document.\n  (7) However, subsection (6) does not apply if, within the 28 days described in that subsection, the Minister makes an order under subsection 16(1). In that case, subsections 16(6) and (7) apply in relation to the foreign travel document as if it had been obtained by an enforcement officer under section 16.","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Demand for suspicious foreign travel document","content":"#### 17 Demand for suspicious foreign travel document\n\n  (1) An enforcement officer may demand that a person surrender to the officer:\n    (a) a foreign travel document that has been obtained, or that the officer suspects on reasonable grounds has been obtained, by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) a foreign travel document or other document that has been used, or that the officer suspects on reasonable grounds has been used, in the commission of an offence against this Act.\n  (2) A person commits an offence if:\n    (a) an enforcement officer demands under subsection (1) that the person surrender a document; and\n    (b) the officer informs the person that the officer is authorised to demand that document; and\n    (c) the officer informs the person that it may be an offence not to comply with the demand; and\n    (d) the person has possession or control of the document; and\n    (e) the person fails to surrender the document to the officer immediately.\n\nPenalty: Imprisonment for 1 year or 20 penalty units, or both.\n\n  (3) A document surrendered to an enforcement officer under this section may be retained for so long as there is an enforcement officer who suspects on reasonable grounds:\n    (a) that the document was obtained by means of a false or misleading statement, false or misleading information or a false or misleading document; or\n    (b) that the document has been used in the commission of an offence against this Act.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences relating to foreign travel documents","content":"## Part 3—Offences relating to foreign travel documents","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Making false or misleading statements in relation to foreign travel document applications","content":"#### 18 Making false or misleading statements in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person makes a statement (whether orally, in writing or any other way) to another person; and\n    (b) the statement:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the statement is misleading; and\n    (c) the statement is made in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the statement is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the statement did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Giving false or misleading information in relation to foreign travel document applications","content":"#### 19 Giving false or misleading information in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person gives information to another person; and\n    (b) the information:\n    (i) is false or misleading; or\n    (ii) omits any matter or thing without which the information is misleading; and\n    (c) the information is given in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply:\n    (a) as a result of subparagraph (1)(b)(i)—if the information is not false or misleading in a material particular; or\n    (b) as a result of subparagraph (1)(b)(ii)—if the information did not omit any matter or thing without which the statement is misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Producing false or misleading documents in relation to foreign travel document applications","content":"#### 20 Producing false or misleading documents in relation to foreign travel document applications\n\n  (1) A person commits an offence if:\n    (a) the person produces a document to another person; and\n    (b) the document is false or misleading; and\n    (c) the document is produced in, or in connection with, an application for a foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n  (3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate):\n    (a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and\n    (b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Improper use or possession of a foreign travel document","content":"#### 21 Improper use or possession of a foreign travel document\n\n  (1) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document has been cancelled.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person uses a foreign travel document in connection with travel or identification; and\n    (b) the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) A person commits an offence if:\n    (a) the person provides another person with a foreign travel document that was issued to the first‑mentioned person; and\n    (b) the first‑mentioned person is reckless as to whether the document is or will be used by the other person in connection with travel or identification.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (4) A person commits an offence if:\n    (a) the person has possession or control of a foreign travel document; and\n    (b) the person knows that the document was not issued to the person.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Possessing, making or providing false foreign travel documents","content":"#### 22 Possessing, making or providing false foreign travel documents\n\n  (1) A person commits an offence if:\n    (a) the person has possession or control of a document; and\n    (b) the person knows that the document is a false foreign travel document.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (2) A person commits an offence if:\n    (a) the person:\n    (i) makes a false foreign travel document; or\n    (ii) provides a false foreign travel document to another person; and\n    (b) the person does so with the intention that the false foreign travel document may be used, acted on or accepted as if it were a passport or document of identity issued by or on behalf of the government of a foreign country.\n\nPenalty: Imprisonment for 10 years or 1,000 penalty units, or both.\n\n  (3) Subsections (1) and (2) do not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.\n\n  (4) In this section:\n\n> false foreign travel document:\n\n    (a) means a document:\n    (i) that purports to be a passport issued by or on behalf of the government of a foreign country but that was not issued by or on behalf of that government; or\n    (ii) that purports to be a document of identity issued for travel purposes by or on behalf of the government of a foreign country for the purposes of travel but that was not issued by or on behalf of that government; and\n    (b) includes a foreign travel document that has been altered by a person who is not authorised to alter that foreign travel document.\n\n> make, in relation to a false foreign travel document, includes alter a document so as to make it a false document (whether or not it was already a false document before the alteration).","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Administrative review","content":"#### 23 Administrative review\n\n  (1) Application may be made to the Administrative Review Tribunal for review of a decision by the Minister under section 16 (other than subsection 16(1A)) to order the surrender of a person’s foreign travel documents.\n  (2) For the purposes of section 17 of the Administrative Review Tribunal Act 2024, the only person whose interests are taken to be affected by the decision is the person whose foreign travel documents are ordered to be surrendered.\n  (3) The Minister may, if the Minister makes a decision in response to a request under section 15, certify that the decision involved matters of international relations or criminal intelligence.\n  (4) Despite section 105 of the Administrative Review Tribunal Act 2024, if the Minister has given a certificate under subsection (3) in relation to a decision, then in any review of that decision the Administrative Review Tribunal may only make a decision:\n    (a) affirming the Minister’s decision; or\n    (b) remitting the decision to the Minister for reconsideration in accordance with any orders or recommendations of the Tribunal.","sortOrder":23},{"sectionNumber":"23A","sectionType":"section","heading":"Delegation of Minister’s power to order surrender of documents","content":"#### 23A Delegation of Minister’s power to order surrender of documents\n\n  (1) The Minister may delegate to an SES employee the Minister’s power to make an order under subsection 16(1) or (1A) in response to a request made under section 13.\n  (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Minister’s determinations","content":"#### 24 Minister’s determinations\n\n  (1) The Minister may make instruments specifying any of the matters that this Act provides may be specified in a Minister’s determination.\n  (2) An instrument made under subsection (1) is a legislative instrument.","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text is the Act's operative provisions. It does not include any comparative history or prior‑version text indicating a change from the original parliamentary intent. On the face of the instrument provided, the Act establishes the powers, offences and review mechanisms described (ss 13–25). Because no earlier or alternative drafting intent is supplied, this assessment cannot detect any change of scope from an earlier version; it reports only what the current text authorises and requires."},"complexity_factors":["Multiple distinct grounds for requests (Australian warrants/restrictions s 13; foreign warrants/restrictions s 14; potential harmful conduct s 15; ASIO 28‑day security hold s 15A) increase legal branching.","Different definitions of \"competent authority\" depending on the ground, including persons specified by Ministerial determination (ss 13(2), 14(2), 15(2), s 24).","Mixture of mandatory and discretionary decisions: Minister must order in one route (s 16(1A)) but otherwise may order (s 16(1)); ASIO has separate limited‑duration route (s 16A).","Retention rules differ (indefinite while grounds persist under s 16(6) vs mandatory 28‑day return under s 16A(6)), and one can convert the short hold into longer retention by later Ministerial action (s 16A(7)).","Significant criminal offences and high maximum penalties (ss 18–22) increase evidentiary and sentencing complexity, with reference to Criminal Code Chapter 2 (s 5A).","Administrative review is permitted but can be restricted by Ministerial certificate on international relations/criminal intelligence, limiting Tribunal remedies (s 23(3)–(4)).","Delegation to SES employees (s 23A) and powers to make legislative instruments (s 24) mean substantial operational detail is set outside primary legislation, adding interpretive steps.","Operational limits (e.g. seizure without extra entry powers s 16(4)) and overlapping roles of enforcement officers, diplomatic/consular staff, ASIO and state agencies require cross‑agency coordination."],"plain_english_summary":"What this law does, in plain language\n\n- Mechanic: The Act gives the Commonwealth Minister power to order that a person's foreign travel documents (foreign passports or similar identity documents issued by foreign governments) be surrendered. That order can be made after a request from a range of authorised officials (\"competent authorities\") in specified circumstances. Once the Minister has ordered surrender, authorised enforcement officers may demand the documents, seize them if not handed over, and retain them while the grounds for the request remain (see sections 13–16, 16A).  \n\n- Who can ask and on what grounds: A competent authority can request an order where, on reasonable grounds, the person is the subject of an Australian arrest warrant or is prevented from travelling by a domestic court order or other legal restriction (s 13); where there is a foreign arrest warrant or comparable foreign restriction for a serious foreign offence (s 14); or where a competent authority suspects on reasonable grounds that, unless travel documents are surrendered, the person would be likely to engage in conduct that could prejudice security, endanger health/safety, interfere with certain rights under the ICCPR, or amount to an indictable offence (s 15). Separately, the Director‑General of Security (ASIO) may request a short 28‑day surrender for suspected security risk (s 15A and s 16A). The Act allows the Minister to specify in legislative instruments who counts as a competent authority for these purposes (s 24).  \n\n- How seizure and retention work: After the Minister makes an order, an enforcement officer may demand the documents; if they are not immediately handed over the officer may seize them and any other foreign travel documents not in anyone's possession (s 16(2)–(3), s 16A(2)–(3)). Section 16 allows indefinite retention while a competent authority reasonably believes or suspects the relevant circumstance continues (s 16(6)). Section 16A provides a mandatory return after 28 days unless the Minister makes a longer order under s 16 (s 16A(6)–(7)). Enforcement officers are not given any extra power to enter premises beyond what they are otherwise authorised to do (s 16(4), s 16A(4)).  \n\n- Criminal penalties and compliance levers: The Act makes it an offence to refuse a lawful demand to surrender foreign travel documents (penalties at ss 16(5) and 16A(5)). It also creates a set of offences with substantial maximum penalties (up to 10 years imprisonment or 1,000 penalty units) for false or misleading statements, giving false information, producing false documents in applications, improper use or possession of foreign travel documents, and making or supplying false foreign travel documents (ss 18–22). The Criminal Code's general principles apply to these offences (s 5A).  \n\n- Administrative review and limits: A person affected by a Ministerial order under s 16 (except orders made under the mandatory s 16(1A) route) can apply to the Administrative Review Tribunal (s 23(1)). However, if the Minister certifies that the decision involved international relations or criminal intelligence, the Tribunal's review powers are limited: it may only affirm the Minister’s decision or remit the matter for reconsideration (s 23(3)–(4)).  \n\n- Delegation and instruments: The Minister may delegate the power to make orders in response to certain requests to an SES employee (s 23A). The Minister may also make legislative instruments specifying matters the Act says may be specified (s 24). Regulations may be made by the Governor‑General (s 25).  \n\nStated purpose(s) in the mechanics and how they map to costs, incentives and trade‑offs\n\n- The Act's operative mechanics are designed to prevent or limit international travel by particular persons where law enforcement, international cooperation or security concerns exist (ss 13–16, 15A). That design creates a direct incentive for affected persons to comply (criminal penalties for refusal to surrender; ss 16(5), 16A(5), 17(2)) and a strong compliance incentive for truthful conduct in application processes because offences for false statements or documents carry high maximum penalties (ss 18–22).  \n\n- Who pays: Individuals whose foreign travel documents are subject to an order bear the immediate cost: loss of use of their foreign passport(s), potential disruption to travel, business or family plans, and possible criminal exposure if they do not comply (ss 16, 16A, 18–22). The Commonwealth (and listed enforcement agencies) bear administrative and enforcement costs of implementing seizures and reviews (ss 16, 16A, 17, 23).  \n\n- Who decides and where discretion lies: Decision power sits with (a) competent authorities making requests (who are defined in different ways depending on the ground; ss 13(2), 14(2), 15(2)), (b) the Minister who may (or in one specified circumstance must) order surrender (s 16(1), 16(1A)), and (c) enforcement officers who execute demands and seizures (ss 16(2)–(3), 16A(2)–(3), 17(1)). The Minister can delegate some powers to an SES employee (s 23A). The Minister also sets detail through legislative instruments (s 24), so administrative specification can expand or narrow which persons/agencies are treated as competent authorities.  \n\n- Trade‑offs and risks: The Act concentrates decision and enforcement capability in the executive and specified enforcement officers while offering limited independent review where the Minister certifies matters as involving international relations or criminal intelligence (s 23(3)–(4)). That structure reduces the scope of Tribunal remedies in certified cases. The breadth of \"competent authority\" (including persons specified by Ministerial determination; ss 13(2), 14(2), 15(2)) and the ability to define \"serious foreign offence\" or specify offences by instrument (s 14(2)(d), s 15(1)(a)(v), s 24) creates administrative flexibility but also gives the executive scope to set operational boundaries by instrument rather than primary legislation.  \n\n- Compliance burden and private choice effects: Affected individuals face immediate compliance obligations (surrender on demand) and legal risk for non‑compliance (s 16(5), s 16A(5), s 17(2)). The criminal‑penalty regime for false statements and false documents (ss 18–22) creates a high compliance cost for anyone applying for or handling foreign travel documents. For most private sector businesses the effects are indirect (for example, employers, airlines or travel agents may face operational disruption when employees or customers are prevented from travelling), but the Act does not, on its face, alter commercial rules for competition, prices or ownership.  \n\n- Substitution and unintended effects to look for in implementation: temporary 28‑day holds by ASIO (s 16A) can be converted into longer retention by later Ministerial order under s 16 (s 16A(7)). The Act's seizure-and-retention powers could produce substitution effects (e.g., affected persons using other identity documents or travel arrangements). The Deputy Director‑General of Security can act under delegation (s 15A(3)–(4)), and the Minister may limit review in cases certified under s 23(3), which raises implementation risk around transparency and timely independent remedy (s 23).  \n\nBottom line (mechanical): The Act creates a layered, executive‑driven system for preventing international travel by ordering the surrender and permitting the seizure and retention of foreign travel documents in specific law‑enforcement and security circumstances, backed by criminal penalties for non‑compliance and false information, with delegated decision‑making and constrained administrative review in certain certified cases (see ss 13–17, 15A, 16–17, 18–23)."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"5 (definition of 'competent authority')","severity":"medium","reasoning":"A definition that says X means X for the purposes of sections A, B or C is circular — it tells you nothing about what X is without reading sections A, B and C, which then each provide their own bespoke definitions. The section 5 definition is therefore redundant at best and misleading at worst, because it omits section 15A entirely (competent authority is not used in s15A, but the definition also fails to signal that the s16A regime operates outside the 'competent authority' framework).","confidence":0.82,"description":"Circular definition: 'competent authority' is defined in section 5 as 'a competent authority for the purposes of section 13, 14 or 15', which merely redirects to three other sections without providing any standalone meaning. The term is defined by reference to itself across multiple sections rather than being given substantive content in the interpretation section."},{"type":"other","section":"5 (definition of 'competent authority') read with section 15A","severity":"low","reasoning":"While the drafting may be intentional (s15A uses 'Director-General' directly), the omission of s15A from the definition of 'competent authority' in s5 creates conceptual inconsistency and potential confusion for readers attempting to understand who can trigger document surrender.","confidence":0.75,"description":"The section 5 definition of 'competent authority' covers sections 13, 14 and 15 only. Section 15A creates an entirely separate request mechanism exercised by the Director-General of Security, who is not a 'competent authority' under the Act's own definition. This creates a structural gap where the Act's core definitional term simply does not apply to one of its major operative regimes."},{"type":"other","section":"13(1)(b)(iii)","severity":"medium","reasoning":"Paragraphs (i) and (ii) of s13(1)(b) explicitly include State/Territory instruments, but (iii) confines the statutory/direction basis to Commonwealth law only. A person subject to a State legislative travel prohibition not expressed as a court order would arguably not be captured, undermining the Act's stated law enforcement purpose.","confidence":0.7,"description":"Section 13(1)(b)(iii) triggers the power where a person is prevented from travelling internationally by force of 'a law of the Commonwealth, or an order or other direction (however described) under a law of the Commonwealth', but does NOT extend to State or Territory laws in the same sub-paragraph, even though sub-paragraphs (i) and (ii) cover State and Territory courts and conditions. This asymmetry means that a person prevented from travelling by a State law alone (not a court order and not a parole condition) may fall outside the trigger, creating an arbitrary gap."},{"type":"other","section":"16(5) and 16A(5)","severity":"low","reasoning":"The caution requirement uses 'may be' rather than 'is'. If the demand is lawfully made and the person is in possession, non-compliance IS an offence. Requiring officers to characterise it as only possibly an offence creates a linguistic absurdity: the notice element understates the legal position as a precondition to establishing the very offence it is warning about.","confidence":0.65,"description":"The offence of failing to surrender documents requires the officer to inform the person that 'it may be an offence not to comply'. This formulation — 'it may be an offence' — is epistemically hedged and arguably insufficient to constitute proper notice of a legal obligation, because it signals mere possibility rather than certainty. Curiously, this uncertainty is built into the precondition for criminal liability under both sections."},{"type":"impossible_compliance","section":"16(6)","severity":"high","reasoning":"A person whose documents are seized has no mechanism to challenge the ongoing retention other than through review of the original Ministerial order (s16(7)). But s16(6) permits retention independently of that order continuing to be valid — so even after a successful ART review, if any competent authority still holds the relevant belief, it is unclear whether the document must be returned under s16(7) or may be retained under s16(6). The two subsections are in direct tension.","confidence":0.78,"description":"The indefinite retention power in s16(6) allows a document to be retained for as long as ANY competent authority (not the one who made the original request) holds the requisite belief or suspicion. There is no requirement that the retaining belief relate to the same circumstances as the original order. This creates a potentially perpetual detention of documents without any fresh ministerial decision, subject only to the subjective state of mind of an undefined competent authority."},{"type":"self_contradicting","section":"15(1)(a)(iii)","severity":"medium","reasoning":"The Act uses the ICCPR as a benchmark for harmful conduct to be prevented, yet the very act of confiscating a travel document engages Article 12(2) of that Covenant (freedom to leave). There is no hierarchy or reconciliation mechanism in the Act between the ICCPR rights being protected and those being infringed by the Act's own operation.","confidence":0.8,"description":"Section 15(1)(a)(iii) permits confiscation of a foreign travel document to prevent conduct that 'might interfere with the rights or freedoms of other persons set out in the International Covenant on Civil and Political Rights'. The ICCPR itself protects the right to leave any country, including one's own (Article 12). Confiscating a travel document is itself an interference with an ICCPR right. The provision could therefore be invoked to protect ICCPR rights by breaching a different ICCPR right, with no mechanism to resolve this internal conflict."},{"type":"other","section":"19(2)(b)","severity":"low","reasoning":"Section 19 creates an offence of giving false or misleading 'information'. The defence in s19(2)(b) uses the phrase 'without which the statement is misleading', importing the language of s18 (which concerns 'statements'). While likely resolvable by purposive construction, it creates literal incongruity between the offence and its exception.","confidence":0.88,"description":"In section 19(2)(b) (defence to giving false or misleading information), the drafting refers to 'the statement is misleading in a material particular' when the offence provision in s19 concerns 'information', not 'statements'. The word 'statement' is used in the exception but 'information' is the operative term in the offence — a copy-paste error from s18 that creates a textual mismatch between offence and defence."},{"type":"impossible_compliance","section":"16A(6) and 16A(7)","severity":"medium","reasoning":"The transition from s16A to s16 regime in s16A(7) assumes the document remains with the enforcement officer throughout the 28-day period. If the document was returned early or the person was not located for return on exactly day 28, the deemed application of s16(6) and (7) operates on a document no longer in the officer's possession, rendering the provision practically inoperable in such circumstances.","confidence":0.68,"description":"Section 16A(6) mandates return of a document 28 days after the Ministerial order. Section 16A(7) provides that s16(6) and s16(7) apply 'as if' the document had been obtained under s16 if a new order is made within 28 days. However, if the document has already been physically returned before the new order is made (e.g., on day 25 of 28), there is no provision requiring or enabling re-seizure. The Act assumes continuous possession but creates no mechanism to recover a document already returned."},{"type":"other","section":"13(1A) read with section 16(1A)","severity":"high","reasoning":"The combination of mandatory Ministerial action (no discretion to refuse) with exclusion from ART merits review means reportable offenders — who may have completed their sentences and whose register obligations may be administrative rather than criminal — have no avenue to challenge the substantive decision to order surrender, only potentially judicial review on jurisdictional grounds.","confidence":0.85,"description":"Section 16(1A) creates a mandatory obligation on the Minister to order surrender when a request is made under s13(1A) (reportable offenders). However, section 23(1) excludes s16(1A) orders from merits review by the Administrative Review Tribunal. This means the only category of persons subject to mandatory (non-discretionary) surrender orders is also the only category with no merits review rights, creating a situation where the most automatically triggered power has the least oversight."},{"type":"circular_definition","section":"14(2) definition of 'serious foreign offence' paragraph (c)","severity":"low","reasoning":"The circularity is not strictly definitional but operational — the Act governing foreign travel documents defines a 'serious foreign offence' partly by reference to offences under the same Act, meaning the Act effectively bootstraps its own international reach by reference to itself.","confidence":0.62,"description":"A 'serious foreign offence' includes conduct that 'would, if engaged in in Australia, constitute an indictable offence against this Act'. This Act's own indictable offences (ss18-22) all relate to false or misleading conduct concerning foreign travel documents. This creates a logical loop: the power to seize foreign travel documents can be triggered by foreign conduct that would constitute an Australian offence involving... foreign travel documents. The definition is self-referential in a way that conflates the subject matter of the Act with its own jurisdictional trigger."}],"contradictions":[{"severity":"high","section_a":"16(6)","section_b":"16(7)","confidence":0.82,"description":"Section 16(6) permits indefinite retention of a document so long as any competent authority holds the requisite belief or suspicion. Section 16(7) states that despite s16(6), the document MUST be returned if the ART sets aside the Minister's decision. These provisions directly conflict: s16(6) permits ongoing retention based on a competent authority's state of mind regardless of what any tribunal decides, while s16(7) mandates return on a tribunal outcome. The word 'despite' attempts to resolve this but does not address scenarios where both conditions are simultaneously satisfied (e.g., ART sets aside the decision but a different competent authority still holds the belief)."},{"severity":"low","section_a":"16(1) (discretionary Ministerial order)","section_b":"16(1A) (mandatory Ministerial order)","confidence":0.7,"description":"For most requests (ss13(1), 14, 15), the Minister 'may' order surrender — a discretionary power. For reportable offender requests (s13(1A)), the Minister 'must' order surrender — a mandatory obligation. However, both types of order are then executed identically under s16(2)-(5). There is no procedural distinction for mandatory orders despite the fundamentally different nature of the Ministerial obligation, creating inconsistency in how equivalent enforcement actions are treated depending on their legal basis."},{"severity":"high","section_a":"23(1) (ART review available for s16 orders except s16(1A))","section_b":"16(1A) (mandatory order for reportable offenders)","confidence":0.87,"description":"Section 23(1) expressly excludes s16(1A) mandatory orders from ART review. Yet s16(7) refers to ART review leading to document return, and this return mechanism is the only statutory basis for return of documents seized under s16. Persons subject to mandatory orders under s16(1A) have no ART review right and therefore cannot access the statutory return mechanism in s16(7), leaving them without a clear statutory pathway for recovery of their documents if circumstances change."},{"severity":"high","section_a":"15A(2) (prohibition on repeat requests under s15A)","section_b":"15(1) (separate request pathway covering same conduct)","confidence":0.83,"description":"Section 15A(2) prevents a repeat s15A request unless new information obtained more than 28 days after the original order is included. However, s15 covers substantially overlapping conduct (conduct prejudicing security of Australia or a foreign country) and has no equivalent prohibition on repeat requests. A competent authority could therefore circumvent the s15A/16A 28-day cooling-off regime by simply making a s15 request instead, using the same information, without waiting the 28 days."},{"severity":"medium","section_a":"23A(1) (delegation of Ministerial power limited to s13 requests)","section_b":"16(1) and 16(1A) (Ministerial powers arising from ss13, 14 and 15 requests)","confidence":0.79,"description":"Section 23A(1) permits the Minister to delegate the power to make orders under s16(1) or (1A) to an SES employee, but only in response to requests under section 13. There is no delegation power for orders responding to s14 or s15 requests. This means an SES delegate can act on domestic law enforcement requests but the Minister must personally decide all international co-operation and harmful conduct requests, an asymmetry that appears arbitrary and creates an operational bottleneck for the latter categories."},{"severity":"medium","section_a":"21(2) (offence: using a document not issued to the person)","section_b":"21(4) (offence: possessing a document not issued to the person)","confidence":0.74,"description":"Section 21(2) requires only that the person uses the document (no fault element stated beyond the physical act), while s21(4) requires that the person 'knows' the document was not issued to them. By operation of the Criminal Code (Chapter 2, as applied by s5A), the fault elements may differ between use and possession of the same document in the same circumstances. A person could be acquitted of possession (lacking knowledge) yet convicted of use, which is a lesser act — an illogical outcome where the more active conduct has a lower fault threshold."},{"severity":"low","section_a":"17(1) (demand power based on suspicion)","section_b":"17(3) (retention power based on suspicion)","confidence":0.6,"description":"Section 17(1) permits a demand where a document 'has been obtained' (fact) OR where the officer 'suspects on reasonable grounds' it has been obtained improperly. Section 17(3) permits retention so long as there is suspicion. However, if the initial demand was made on the basis of established fact (the document 'has been' obtained by false means), the retention power in s17(3) is framed only in terms of ongoing suspicion. This means a document seized on the basis of confirmed fact can only be retained if an officer maintains a suspicion — a lower epistemic standard than the ground on which it was originally seized, creating a mismatch between seizure and retention bases."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 2005 scope focused on foreign passport seizure for law enforcement and security purposes. Over time, its scope has expanded: the mandatory seizure obligation for child sex offenders on state/territory registers (s. 13(1A)) broadened the law beyond its original national/international security and law enforcement framework into child protection. The addition of the ASIO-driven 28-day emergency seizure power (ss. 15A and 16A) introduced a proactive intelligence-based prevention mechanism that goes beyond the Act's original reactive law enforcement purpose."},"complexity_factors":["Multiple overlapping trigger mechanisms for passport seizure (ss. 13, 14, 15, 15A), each with different thresholds (belief vs. suspicion on reasonable grounds) and different sets of 'competent authorities'","Tiered mandatory vs. discretionary ministerial orders (must order for child protection registrants; may order in other cases)","The 28-day emergency seizure regime (s. 15A / s. 16A) with a conversion mechanism that can transition it into an indefinite seizure under s. 16","Cross-referencing between sections is extensive — e.g., s. 16(7) references s. 23, s. 16A(7) references s. 16(6) and (7), creating a chain of dependencies","Multiple distinct definitions of 'competent authority' that vary by section, including references to international conventions (Vienna Convention on Diplomatic Relations, Vienna Convention on Consular Relations)","Interplay with numerous external legislative frameworks: Customs Act 1901, ASIO Act 1979, Criminal Code, PGPA Act 2013, Administrative Review Tribunal Act 2024","Restricted merits review — Ministerial certification (s. 23(3)) curtails Tribunal powers, creating a legally nuanced rights-limitation mechanism","Evidential burden-shifting provisions throughout Part 3 (defendant must raise evidence of 'reasonable excuse'), which is a departure from ordinary criminal law principles","Definition of 'serious foreign offence' includes treaty-based conduct limbs that require cross-referencing international agreements"],"plain_english_summary":"## What This Law Does\n\nThis Act gives the Australian government powers to **seize and hold foreign passports** (passports issued by other countries) from people in Australia — and to criminalise fraud involving those documents.\n\n---\n\n## Who Does It Affect?\n\nThis law primarily affects **people in Australia who hold a foreign passport** (i.e., a passport from another country, not Australia). It could also affect dual citizens, foreign nationals, or anyone who handles foreign travel documents.\n\n---\n\n## The Three Main Things This Law Does\n\n### 1. 🛑 Allows the Government to Confiscate Your Foreign Passport\n\nThe Minister (a senior government official) can **order you to hand over your foreign passport** in three broad situations:\n\n- **You're wanted for a crime in Australia** — e.g., you have an arrest warrant against you, you're on parole, or a court has ordered you not to leave the country.\n- **A foreign country wants you** — e.g., another country has issued an arrest warrant for you for a serious offence.\n- **Security or safety concerns** — authorities suspect that letting you travel would endanger national security, put others at physical risk, or result in you committing crimes overseas.\n\nThere's also a **special 28-day emergency power**: The head of ASIO (Australia's spy agency) can request an emergency passport seizure if they suspect you're about to leave Australia to do something harmful. Your passport is returned automatically after 28 days unless a longer order is made.\n\n**Registered sex offenders** (people on child protection offender registers) who are Australian citizens *must* have their foreign passport taken — the Minister has no discretion here.\n\nIf you refuse to hand over your passport after being formally told to do so, **you can be imprisoned for up to 1 year**.\n\n### 2. 🔍 Gives Police and Customs Officers Power to Demand Documents\n\nPolice (federal and state/territory), Customs officers, and other authorised officers can demand you surrender a foreign travel document if they believe it was:\n- Obtained through lies or fake paperwork, or\n- Used to commit a crime.\n\n### 3. ⚖️ Creates Serious Criminal Offences\n\nIt's a crime (punishable by **up to 10 years in prison**) to:\n- Lie when applying for a foreign passport\n- Use someone else's foreign passport\n- Use a cancelled foreign passport\n- Hand your own passport to someone else for them to use\n- Possess, make, or supply a **fake foreign passport**\n\n---\n\n## Can You Challenge the Government's Decision?\n\nYes — you can apply to the **Administrative Review Tribunal** (an independent body that reviews government decisions) to challenge a passport seizure order. However, if the Minister certifies that the decision involves **national security or international relations**, the Tribunal's power is limited — it can only either agree with the Minister or send it back for reconsideration.\n\nNote: **Mandatory orders** (for registered sex offenders) **cannot** be challenged at the Tribunal.\n\n---\n\n## Bottom Line\n\nIf you're in Australia on a foreign passport and you're a suspected criminal, a security risk, or subject to travel restrictions — Australian authorities can take your passport. Refusing to hand it over, or misusing a foreign passport, carries serious criminal penalties."},"kimi_summary":{"_metrics":{"completionTokens":763},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2005 Act focused on law enforcement cooperation and security risks. Significant expansion occurred with addition of section 13(1A), which made surrender mandatory (not discretionary) for Australian citizens who are registered child sex offenders — this broadened the Act from discretionary security/law enforcement tool to automatic passport confiscation regime for a specific category of offenders, regardless of whether they pose any current flight risk or security threat."},"complexity_factors":["Multiple overlapping request pathways (sections 13, 13(1A), 14, 15, 15A) with different thresholds ('believes on reasonable grounds' vs 'suspects on reasonable grounds')","Discretionary vs mandatory Minister powers — section 16(1) says 'may' order surrender, but section 16(1A) says 'must' for registered child sex offenders","Complex definition of 'competent authority' that varies by section and includes Minister's determinations, diplomatic staff, consular officers, and various Commonwealth employees","Nested definitions including 'serious foreign offence' with four alternative criteria, one referencing treaties and another referencing Minister's determinations","28-day automatic return requirement for ASIO-related seizures (section 16A) with exception allowing conversion to indefinite retention","Interaction with Administrative Review Tribunal Act 2024 including special certification procedure that limits Tribunal's powers","Multiple cross-references to external legislation: Criminal Code, Customs Act 1901, ASIO Act 1979, PGPA Act 2013, and various international treaties"],"plain_english_summary":"This Act gives Australian authorities powers to seize **foreign passports and travel documents** from people in Australia under specific circumstances.\n\n**What it does:**\n\n- **Allows the Minister to order surrender of foreign travel documents** when certain \"competent authorities\" request it. These requests can be made for several reasons:\n  - **Australian law enforcement** — if someone has an arrest warrant for a serious offence, or is banned from international travel by court order, parole conditions, or bail (section 13)\n  - **Registered child sex offenders** — Australian citizens on child protection registers can have their foreign passports seized (section 13(1A))\n  - **International law enforcement cooperation** — if a foreign country has issued an arrest warrant for a serious offence, or banned someone from travel (section 14)\n  - **Security and safety risks** — if someone might harm Australia's security, endanger others, or commit serious offences (section 15)\n  - **ASIO security concerns** — the Director-General of Security can request a 28-day emergency surrender (section 15A)\n\n- **Lets enforcement officers seize documents** — Customs officers, AFP members, state police, and others authorised by the Minister can demand and seize foreign passports if the person refuses to surrender them\n\n- **Creates serious criminal offences** for:\n  - Making false statements or providing false documents to get a foreign passport (up to 10 years prison)\n  - Using someone else's foreign passport or a cancelled one (up to 10 years)\n  - Possessing or making fake foreign passports (up to 10 years)\n  - Refusing to surrender a passport when ordered (up to 1 year)\n\n- **Provides limited review rights** — Most surrender decisions can be reviewed by the Administrative Review Tribunal, though the Minister can restrict this for national security or criminal intelligence matters\n\n**Who it affects:** Anyone in Australia holding a foreign passport, particularly people facing criminal charges, those on child protection registers, or those suspected of security risks."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005","history":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005/history","analysis":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005/analysis","conflicts":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005/conflicts","importantCases":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005/important-cases","documents":"/api/acts/foreign-passports-law-enforcement-and-security-act-2005/documents"}}