9.1Name on travel document

9.1 Name on travel document

(1) For subsection 53(3) of the Australian Passports Act, subject to subsection (10), the circumstances in which the name on a person’s travel document may be a name other than a name mentioned in paragraphs 53(3)(a) to (d) of the Australian Passports Act are set out in subsections (2) to (9). (2) If, after a person’s previous travel document was issued, the person has divorced or ceased to be in a registered relationship, or the person’s spouse or partner in a registered relationship has died, the person may use a name that the person had used before the person married or entered the registered relationship if: (a) the name: (i) is registered in Australia; or (ii) is stated on an Australian citizenship certificate; and (b) the name has not been replaced with another name that: (i) has been registered for the person in Australia; or (ii) is stated on an Australian citizenship certificate. (2A) A person may use the name stated in an Australian travel document if: (a) the document is the most recent Australian travel document issued to the person; and (b) the document was issued on or after 20 August 1986; and (c) the document had a period of validity of at least 2 years; and (d) the name stated for the person in the document has not been replaced with another name that: (i) is registered for the person in Australia; or (ii) is stated on an Australian citizenship certificate. (3) An indigenous Australian whose birth has not been registered in a State or Territory may use a name by which he or she is generally known, the general use of which is confirmed by the person’s community elders, or supported by other evidence. (4) Subject to subsection (9), if an Australian citizenship certificate has been granted to a person, and the name on that certificate is not the same as the name on the person’s birth certificate, the person may not use the name on his or her birth certificate unless the name is registered. (5) Subject to subsection (9), if a travel document has been issued to a person in the name specified on his or her Australian citizenship certificate, registered marriage certificate or registered name change certificate, the person may use a different name only: (a) in the circumstances mentioned in subsection (2); or (b) if the name by which he or she is registered changes. (6) In the circumstances mentioned in paragraph (5)(b), the only name that the person may use is the name specified on the register after the change. (7) A person may use the name stated on a foreign marriage certificate if: (a) the person: (i) was born overseas; and (ii) resides overseas; and (iii) is unable to obtain a marriage certificate or name change certificate from a registry of births, deaths and marriages (however described) of a State or Territory; and (b) the foreign marriage certificate was issued to the person after the person became an Australian citizen. (8) A person may use the name stated on a foreign name change certificate if: (a) the person: (i) was born overseas; and (ii) resides overseas; and (iii) is unable to obtain a name change certificate from a registry of births, deaths and marriages (however described) of a State or Territory; and (b) the foreign name change certificate was issued to the person after the person became an Australian citizen. (9) If, on the request of the person, in exceptional circumstances, the Minister considers it desirable that another name appear on the travel document, the person may use that name. (10) Despite anything in subsections (1) to (9), or section 53 of the Australian Passports Act, the name appearing on a travel document must not be a name that the Minister considers to be unacceptable. (11) Without limiting subsection (10), a name may be treated as unacceptable if it contains any of the following: (a) an expletive, a racial or ethnic slur or implication, or an otherwise obscene or offensive term; (b) a political statement or slogan; (c) the name of, or a reference to, a public institution or public office; (d) a title, award or decoration that is not awarded directly to, or conferred directly on, the applicant by the Crown or under a law of the Commonwealth; (e) a term that could mislead people into believing that the bearer has been awarded or conferred a title, award or decoration; (f) a string of words that would not commonly be recognised as a name; (g) a name that cannot be established by repute or usage; (h) any other term that is contrary to the public interest; (i) too many characters for the data page of the travel document; (j) a symbol without phonetic significance; (k) characters that the Minister considers are inconsistent with the international standards and recommended practices and procedures for travel documents adopted in accordance with the Convention on International Civil Aviation, concluded at Chicago on 7 December 1944.