This Determination is the Australian Passports Determination 2005.
1.2 Commencement
This Determination commences on the commencement of sections 3 to 58 of the Australian Passports Act 2005.
1.3 Interpretation
In this Determination:
Application Fees Act means the Australian Passports (Application Fees) Act 2005.
Australian charitable organisation means a charitable organisation that is registered under a law of the Commonwealth or a State or Territory.
Australian Passports Act means the Australian Passports Act 2005.
Australian travel document means an Australian passport or a document of a kind mentioned in Part 6.
de facto partner has the meaning given by section 2D of the Acts Interpretation Act 1901.
de facto relationship has the meaning given by section 2F of the Acts Interpretation Act 1901.
registered relationship has the meaning given by section 2E of the Acts Interpretation Act 1901.
Part 2—Children’s passports
2.1 Special circumstances
(1) For paragraph 11(2)(a) of the Australian Passports Act, subject to subsection (2), each of the circumstances mentioned in subsection (3) is a special circumstance in which the Minister may issue a passport to a child even though a person who has parental responsibility for the child (the non‑consenting parent) has not provided his or her consent to the child travelling internationally.
(2) Subsection (1) does not apply if the Minister has been provided with court documents demonstrating that there are proceedings before a Commonwealth, State or Territory court that may affect:
(a) the rights of the child to travel internationally; or
(b) who has parental responsibility for the child.
Note: For the purposes of section 11 of the Australian Passports Act, parental responsibility has the meaning given by subsection 11(5) of the Australian Passports Act.
(3) The circumstances are as follows:
(a) where the application is made by or on behalf of the child, neither the applicant nor the Minister has been able to locate or contact the non‑consenting parent for a reasonable period;
(b) the non‑consenting parent is missing and presumed dead;
(c) the non‑consenting parent is medically incapable of providing consent;
(d) there has been no contact (including contact in person or by telephone, mail or e‑mail) between the child and the non‑consenting parent for a substantial period before the application is made;
(f) the non‑consenting parent:
(i) is not an Australian citizen; and
(ii) separated from the person whose consent has been obtained before that person arrived in Australia; and
(iii) has not had contact with the child since the child’s arrival in Australia;
(g) a family violence order has been issued against the non‑consenting parent;
(h) if the child is outside Australia—there is evidence of family violence;
(i) an order of a court in a country that, under the Family Law (Child Abduction Convention) Regulations 1986, is a convention country, permits the child to travel internationally;
(j) in the case of a child who is outside Australia—the Minister considers that there is a need for the child to travel internationally;
(k) an order of a State or Territory court, made under a child welfare law, grants parental responsibility or guardianship of the child to:
(i) a parent of the child other than the non‑consenting parent; or
(ii) a person other than a parent of the child.
(4) In this section, child welfare law, family violence and family violence order have the same meaning as in the Family Law Act 1975.
(5) In paragraph (3)(i), the reference to an order of a court permitting a child to travel internationally includes an order of a court permitting the issue of a passport to the child.
Division Division 3 - Australian Passports Determination 2005 - Biometrics and ePassports | Zoe
Part 3—Refusal to issue passport—law enforcement and security
3.1 Competent authorities—Australian law enforcement matters
For paragraph (b) of the definition of competent authority in subsection 12(3) of the Australian Passports Act, the following persons are specified:
(a) the Attorney‑General;
(b) the Secretary of the Attorney‑General’s Department;
(c) SES employees in the Attorney‑General’s Department.
3.2 Competent authorities—international law enforcement cooperation
(1) For paragraph (b) of the definition of competent authority in subsection 13(3) of the Australian Passports Act, the following persons are specified:
(a) the Secretary of the Attorney‑General’s Department;
(b) SES employees in the Attorney‑General’s Department.
(2) For paragraph (c) of the definition of competent authority in subsection 13(3) of the Australian Passports Act, the following agencies are specified:
(a) the Australian Federal Police;
(b) the Australian Trade Commission, to the extent that it performs consular functions within the consular district of Vancouver, Canada.
3.3 Reasons relating to potential for harmful conduct
For subparagraph 14(1)(a)(v) of the Australian Passports Act, the offences mentioned in Schedule 1 are specified.
3.4 Competent authorities—potential for harmful conduct
(1) For subparagraph (a)(ii) of the definition of competent authority in subsection 14(3) of the Australian Passports Act, the following persons are specified in relation to conduct of the kind mentioned in subparagraph 14(1)(a)(iv) of the Australian Passports Act:
(a) the Secretary of the Department of Foreign Affairs and Trade;
(b) SES employees in the Department of Foreign Affairs and Trade whose duties include the performance of functions under the Australian Passports Act;
(c) APS employees holding, or performing the duties of, a position in the Department of Foreign Affairs and Trade classified at Executive Level 2, whose duties include the performance of functions under the Australian Passports Act.
(2) For subparagraph (b)(ii) of the definition of competent authority in subsection 14(3) of the Australian Passports Act, the following persons are specified:
(a) the Secretary of the Attorney‑General’s Department;
(b) SES employees in the Attorney‑General’s Department.
(3) For subparagraph (b)(iii) of the definition of competent authority in subsection 14(3) of the Australian Passports Act, the following agencies are specified:
(a) the Australian Customs Service;
(b) the Australian Federal Police;
(c) in relation to conduct of the kind mentioned in subparagraph 14(1)(a)(i) of the Australian Passports Act—the Australian Security Intelligence Organisation;
(d) the Australian Trade Commission, to the extent that it performs consular functions within the consular district of Vancouver, Canada.
Part 4—Concurrent, diplomatic and official passports
4.1 Concurrent passports
For subsection 17(2) of the Australian Passports Act, the Minister may issue an Australian passport to a person in any of the following circumstances:
(a) the person needs a second passport to avoid significant delays in travel that would otherwise be caused by waiting for a visa to be issued;
(b) the person intends to travel to a country that will not accept a travel document showing evidence of travel to another country, and the person’s current Australian passport shows evidence of travel to that other country;
(c) the Minister is satisfied that other exceptional circumstances exist.
4.2 Diplomatic and official passports
For subsection 17(2) of the Australian Passports Act, the Minister may issue an Australian passport to a person who is travelling for diplomatic or official purposes, or is a dependant of a person travelling for diplomatic or official purposes.
Note: Australian passports must be issued in forms approved by the Minister under subsection 53(2) of the Australian Passports Act. These forms may include diplomatic, official and emergency passports.
Part 5—Validity
5.1 Period of validity
(1) For subsection 20(2) of the Australian Passports Act, and subject to subsection (2), and sections 5.2 and 5.3, a passport ceases to be valid at the end of the day specified in the passport as the date of expiry.
(2) The maximum period for which a passport may be valid is as follows:
(a) subject to paragraphs (c) to (j), for a passport issued to an adult—10 years;
(b) subject to paragraphs (e) to (j), for a passport issued to a child—5 years;
(c) for a passport issued to a person aged 75 years or over who pays the fee mentioned in item 1.3 or 1.6 of Schedule 4—5 years;
(d) for a passport issued to a person whose travel documents have been lost or stolen at least 3 times in the 5 years immediately before the date of applying for the passport—5 years;
(e) for a concurrent passport issued to a person in a circumstance mentioned in section 4.1—3 years;
(f) for an emergency passport—1 year;
(g) for a passport issued to a person surrendering a diplomatic or official passport on resignation overseas from the person’s diplomatic or official position—1 year;
(h) for a passport issued to a person travelling internationally for the purpose of gender reassignment, if the passport is issued to the person in the intended gender—1 year;
(i) for a passport issued to a terminally ill child or an accompanying family member for the purpose of travel sponsored by an Australian charitable organisation—1 year;
(j) for a replacement passport issued to reflect a change of name, for which the fee is waived under paragraph 8.2(b)—the period ending when the passport being replaced would otherwise have ceased to be valid;
(k) for a replacement passport issued to a child, for which the application fee is waived under paragraph 8.2(a)—the period ending when the passport being replaced would otherwise have ceased to be valid.
5.2 Circumstances in which passports cease to be valid—damage
(1) For subsection 20(2) of the Australian Passports Act, a passport ceases to be valid if:
(a) it is damaged; and
(b) the Minister is satisfied that it is no longer usable as evidence of the identity and citizenship of its holder or to facilitate international travel.
(2) In making a decision for paragraph (1)(b), the Minister must take into account any evidence that:
(a) any of the visible information (including a photograph or machine readable zone) on the data page of the passport has been altered or tampered with, is faulty or cannot be read reliably; or
(b) the data page (including the laminate) of the passport has been tampered with, altered, damaged or dislodged, or has degraded; or
(c) any page is missing, substantially damaged or damaged to the extent that it cannot be read reliably; or
(d) any other part of the binding or structure of the passport has been tampered with or substantially damaged; or
(e) there are any other circumstances that the Minister could consider that make the passport unusable as evidence of the identity and citizenship of its holder.
Note: Examples of substantial damage for paragraph (c): Cutting a corner of the passport, cutting a machine‑readable zone or cancellation of a page or pages by perforation or stamping.
Note: Examples for paragraph (d): Damage by water, solvents or any other substance.
5.3 Circumstances in which passports cease to be valid—other circumstances
(1) For subsection 20(2) of the Australian Passports Act, if a passport is subject to an endorsement, or other advice in writing to the holder, that it is to cease to be valid on the occurrence of a circumstance mentioned in the endorsement or advice, the passport ceases to be valid on the occurrence of that circumstance.
(2) For subsection 20(2) of the Australian Passports Act, a passport ceases to be valid if the holder of the passport dies or loses his or her Australian citizenship.
Part 6—Travel‑related documents
6.1 Convention travel documents
(1) For section 9 of the Australian Passports Act and subject to section 6.5, the Minister may issue a convention travel document to a person who is present in Australia if the person:
(a) is not an Australian citizen; and
(b) is a refugee recognised under the Convention relating to the Status of Refugees dated 28 July 1951 and in force in Australia from 22 April 1954, and the Protocol in force under that Convention (in this section collectively called the Refugee Convention); and
(c) qualifies under subsection (2) or (3).
(2) A person qualifies under this subsection if the person is lawfully resident in Australia or otherwise lawfully staying in Australia.
(3) A person qualifies under this subsection if the person:
(a) is not lawfully resident in Australia; and
(b) is unable to obtain a travel document from the country of his or her lawful residence.
(4) Subject to subsection (6), a convention travel document ceases to be valid at the end of the day specified in the document, being:
(a) in the case of a document issued to a person who qualifies under subsection (2)—a day not later than 2 years after the day on which the document is issued; or
(b) in the case of a document issued to a person who qualifies under subsection (3)—a day not later than 1 year after the day on which the document is issued.
(5) The Minister may extend a convention travel document that has been issued to a person who qualified under subsection (2) only if the person is overseas.
(6) If the Minister extends a convention travel document that was issued to a person who qualified under subsection (2), the document ceases to be valid at the end of the day specified in the document as extended, being a day not later than 6 months after the day on which the document is extended.
(7) The Minister may issue a convention travel document overseas to replace a convention travel document that has been lost, stolen or damaged if the person to whom the original travel document was issued has a valid Australian visa with re‑entry rights.
(8) In this section, a reference to residence or staying in a country (including Australia), in relation to a person, has the meaning that it has in the Refugee Convention.
6.2 Certificates of identity
(1) For section 9 of the Australian Passports Act and subject to section 6.5, the Minister may issue a certificate of identity to a person who:
(a) is not an Australian citizen; and
(b) is about to leave Australia; and
(c) is:
(i) stateless; or
(ii) unable to obtain a valid travel document from the country of which the person claims to be a national.
(2) Subject to subsection (4), a certificate of identity ceases to be valid:
(a) at the end of the day specified in the certificate, being a day not later than 3 years after the day on which the certificate is issued; or
(b) when the person returns to the country of which the person claims to be a national, and is able to obtain a valid document from that country;
whichever occurs first.
(3) The Minister may extend a certificate of identity that has been issued to a person under subsection (1) only if:
(a) the person is overseas; and
(b) the person continues to be:
(i) stateless; or
(ii) unable to obtain a valid travel document from the country of which the person claims to be a national; and
(c) the person has a valid Australian visa with re‑entry rights.
(4) If the Minister extends a certificate of identity, the certificate ceases to be valid:
(a) at the end of the day specified in the certificate as extended, being a day not later than 5 years after the day on which the certificate was first issued; or
(b) when the person returns to the country of which the person claims to be a national, and is able to obtain a valid document from that country;
whichever occurs first.
(5) The Minister may issue a certificate of identity overseas to replace a certificate of identity that has been lost, stolen or damaged if the person to whom the original certificate was issued has a valid Australian visa with re‑entry rights.
6.3 Documents of identity
(1) For section 9 of the Australian Passports Act and subject to section 6.5, the Minister may issue a document of identity for travel purposes to:
(a) an Australian citizen to whom the issue of an Australian passport is unnecessary or undesirable; or
(b) a person who:
(i) possesses the nationality of another country that is a member of the Commonwealth; and
(ii) cannot obtain a valid travel document from the country or countries of which he or she has nationality.
(2) A document of identity ceases to be valid at the end of the day specified in the document, being a day not later than 3 years after the day on which the document is issued.
6.4 Provisional travel documents
(1) For section 9 of the Australian Passports Act and subject to section 6.5, the Minister may issue a provisional travel document to a person who:
(a) is an Australian citizen; and
(b) is unable to obtain an Australian travel document.
(2) A provisional travel document ceases to have effect on the earlier of:
(a) the end of the day specified in the document, being a day not later than 1 month after the day on which the document is issued; or
(b) when the person arrives in a country in which there is an Australian embassy, high commission or consulate.
6.5 General restrictions on the issue of travel‑related documents
(1) Division 2 of Part 2 of the Australian Passports Act and Parts 2 and 3 of this Determination apply to the issue of a convention travel document, certificate of identity or provisional travel document as if that document or certificate were an Australian passport.
(2) Division 2 of Part 2 of the Australian Passports Act, except section 12, and Parts 2 and 3 of this Determination, except section 3.1, apply to the issue of a document of identity as if that document were an Australian passport.
(3) Sections 5.2 and 5.3 apply to a convention travel document, certificate of identity, document of identity or provisional travel document as if that document or certificate were an Australian passport.
(4) Before issuing a travel‑related document to a person, the Minister must be satisfied of the citizenship of the person.
Note 1: Before issuing a travel‑related document to a person, the Minister must be satisfied of the identity of the person—see section 10 of the Australian Passports Act.
Note 2: Division 2 of Part 2 of the Australian Passports Act relates to reasons why the Minister may refuse to issue an Australian passport.
Part 7—Performance of functions under the Australian Passports Act
Division 1—Identity, citizenship and other requirements
7.1 Disclosure of information to and by the Minister
(1) For paragraph 42(1)(e) of the Australian Passports Act, the following persons are specified:
(a) in relation to the address, contact details or electoral enrolment of an applicant or a guarantor in relation to an application—the Australian Electoral Commission;
(b) in relation to information contained in a document required by the Minister or relied on by the applicant as evidence of identity, address or entitlement—the person that issued or signed the document;
(c) in relation to other information that the Minister considers is necessary for the purpose of satisfying the Minister as to a person’s identity or entitlement—the person who can provide the information.
(2) For subsection 42(5) of the Australian Passports Act, the Minister may disclose the personal information mentioned in subsection (3) in relation to an application for a travel document to:
(a) a person mentioned in the application; or
(b) a person mentioned in subsection (1).
(3) For subsection (2), the information is:
(a) in relation to the applicant, the guarantor in relation to the application or a person who witnesses the consent of a person with parental responsibility to an application:
(i) the person’s full name; and
(ii) the person’s date and place of birth; and
(iii) the person’s sex; and
(iv) the number of any Australian travel document held by the person; and
(v) the date and place of issue of any Australian travel document held by the person; and
(vi) the person’s address; and
(vii) the person’s occupation; and
(b) in relation to a birth certificate, marriage certificate or citizenship certificate:
(i) the official number allocated to the certificate by:
(A) in the case of a registered birth certificate or marriage certificate—the registry of births, deaths and marriages that issued the certificate; or
(B) in the case of a citizenship certificate—the Minister for Immigration and Multicultural and Indigenous Affairs; or
(C) in the case of an overseas birth certificate or marriage certificate—the authority that issued the certificate; and
(ii) the date on which the certificate was issued and, in the case of a registered birth certificate or marriage certificate, the date on which the birth or marriage was registered; and
(c) the applicant’s name, as stated on his or her birth certificate; and
(d) in relation to an application made by, or on behalf of, a child:
(i) the full names of the child’s mother and father; and
(ii) the maiden name of the child’s mother; and
(e) the official number allocated by the Department to the application.
7.2 Information that may be requested
(1) For subsection 43(1) of the Australian Passports Act, the kind of personal information that may be requested by the Minister for the purposes of Part 2 of the Australian Passports Act in relation to an application of a particular kind is the information mentioned in the application form for applications of that kind.
(2) For subsection 43(1) of the Australian Passports Act, the Minister may request the following kinds of personal information for the purpose of satisfying himself or herself of the person’s identity under paragraph 8(b) of the Australian Passports Act:
(a) the person’s name as shown in records held by the Registrar of Births, Deaths and Marriages of an Australian State or Territory or by the Department of Immigration and Citizenship;
(b) the person’s date of birth as shown in those records;
(c) the person’s place of birth as shown in those records;
(d) the person’s sex as shown in those records.
Note: Subsection 43(2) of the Australian Passports Act provides that section 43 does not prevent the Minister from requesting under subsection 42(1) of that Act information that is not specified in this section.
7.3 Method of disclosing information
For subsection 44(1) of the Australian Passports Act, information that the Minister may request under subsection 42(1) of that Act is to be disclosed:
(a) in a manner compatible with systems of the Department operated for the purposes of performing functions under the Australian Passports Act if it is disclosed in electronic form; or
(b) in the form of original documents if it is disclosed in hard‑copy form.
Division 2—Disclosure of information—lost or stolen documents and disclosure for particular purposes
7.4 Lost, stolen and otherwise invalid travel documents
For section 45 of the Australian Passports Act, the Minister may disclose personal information of a kind mentioned in Schedule 2 to a person mentioned in Part 1 of Schedule 3, for the purpose of informing the person about the status of an Australian travel document.
7.5 Disclosure for particular purposes
(1) For section 46 of the Australian Passports Act, the Minister may disclose personal information of a kind mentioned in Schedule 2 to a person mentioned in Part 2 of Schedule 3, for the purpose mentioned in paragraph 46(a) of the Australian Passports Act.
(2) For section 46 of the Australian Passports Act, the Minister may disclose personal information of a kind mentioned in Schedule 2 to a person mentioned in Part 3 of Schedule 3, for the purpose mentioned in paragraph 46(b) of the Australian Passports Act.
(3) For section 46 of the Australian Passports Act, the Minister may disclose personal information of a kind mentioned in Schedule 2 to a person mentioned in Part 4 of Schedule 3, for the purpose mentioned in paragraph 46(c) of the Australian Passports Act.
(4) For section 46 of the Australian Passports Act, the Minister may disclose personal information of a kind mentioned in Schedule 2 to a person mentioned in Part 5 of Schedule 3, for the purpose mentioned in paragraph 46(d) of the Australian Passports Act.
Division 3—Biometrics and ePassports
7.6 Methods to be used for confirming evidence of identity
(1) For paragraph 47(1)(a) of the Australian Passports Act, the following methods are to be used for the purposes of confirming the validity of evidence of the identity of an applicant for an Australian travel document, or a person to whom an Australian travel document has been issued:
(a) matching a digitised version of the photograph provided by the applicant with any previous application from the applicant, and with any other digitised photographs of the applicant held by the Department;
(b) embedding a contactless chip into the Australian travel document in a manner that the Minister considers is consistent with international standards and recommended practices and procedures for travel documents adopted in accordance with the Convention on International Civil Aviation.
Note: Any personal information collected as part of using a method specified in this section must be dealt with in accordance with section 14 of the Privacy Act 1988 (including Information Privacy Principles 1 and 4).
(2) For subsection 47(3) of the Australian Passports Act, the personal information mentioned in item 1 of Schedule 2 may be used for the purposes mentioned in subsection (1).
Part 8—Fees
8.1 Amount of fees
(1) For section 4 of the Application Fees Act, a fee is specified in accordance with this section for a matter mentioned in an item in Schedule 4.
Calendar year starting on 1 January 2011
(2) In the calendar year starting on 1 January 2011, subject to subsections (6) and (7), the amount of a fee for a matter mentioned in an item in Schedule 4, other than item 4.5 or 4.6 of that Schedule (overseas applications), is the amount mentioned in column 3 of the item.
Calendar year starting on 1 January 2015
(2A) In the calendar year starting on 1 January 2015, subject to subsection (8A), the amount of a fee for a matter mentioned in item 4.5 or 4.6 of Schedule 4 is the amount mentioned in column 3 of the item.
Calendar year starting on 1 January 2012, and subsequent calendar years
(3) Subject to subsections (4), (6), (7) and (8A), in the calendar year starting on 1 January 2012, or in a subsequent calendar year, the fee for a matter mentioned in an item in Schedule 4 is the amount worked out by multiplying the indexation factor for the calendar year by the amount of the fee for the matter in the previous calendar year before the amount was rounded under subsection (5).
(4) If the indexation factor for the calendar year is less than 1, the fee for the matter in the calendar year is the fee for the matter in the previous calendar year.
(5) If, apart from this subsection, the amount worked out under subsection (3) would be an amount of dollars and cents:
(a) the amount is to be rounded to the nearest whole dollar; and
(b) an amount of 50 cents is to be rounded up.
Additional fees
(6) The fee for a matter mentioned in item 4.1 of Schedule 4 is payable in addition to the fee (if any) for the issue of a travel document if the applicant requests that the document be issued within 48 hours after the provision of all the information requested by the Minister for the purpose of being satisfied of the identity or entitlement of the person in order to issue the document.
(7) Subject to subsection (8), the fee for a matter mentioned in item 4.2, 4.3 or 4.4 of Schedule 4 is payable in addition to the fee (if any) for an application for a travel document if:
(a) the applicant for the travel document has lost a travel document or travel documents, or had a travel document or travel documents stolen, in the period of 5 years before applying for the travel document; and
(b) the application is an application for a travel document to replace a travel document that has been lost or stolen.
(8) The reference in subsection (7) to a travel document that has been, or travel documents that have been, lost or stolen does not include a travel document if the fee, for a matter mentioned in item 4.2, 4.3 or 4.4 of Schedule 4, that was applicable on the replacement of that document has been waived under paragraph 8.2(j), or a refund of the fee has been given under subsection 8.3(4).
(8A) The fee for a matter mentioned in item 4.5 or 4.6 of Schedule 4 (overseas applications) in relation to an Australian passport other than an emergency passport is payable in addition to the fee (if any) for the issue of the passport (including for another matter mentioned in that Schedule).
(9) In this section:
CPI number for a quarter means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) first published by the Australian Statistician for the quarter.
indexation factor for the calendar year is the amount worked out, to 3 decimal places (rounding up if the fourth decimal place is 5 or more), by using the formula:
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where:
later index number is the sum of the CPI numbers for the 4 quarters in the year ending on 30 September in the calendar year before the relevant calendar year.
earlier index number is the sum of the CPI numbers for the 4 quarters in the year ending on 30 September in the calendar year 2 calendar years before the relevant calendar year.
Note: All applicable fees (including the fees for the matters mentioned in Part 4 of Schedule 4, if applicable) are payable at the time the application is made—see section 7 of the Application Fees Act.
8.2 Waiver
For paragraph 56(2)(a) of the Australian Passports Act, a fee may be waived in any of the following circumstances:
(a) the fee is for an application for a passport to a child under the age of five who has been previously issued with a passport during his or her first year of life, if the child has not previously been issued with a replacement passport;
(b) the fee is for an application for a replacement passport to a person if:
(i) the person’s name has changed because of any of the following events:
(A) the person has married or divorced;
(B) the person has entered or ceased to be in a registered relationship;
(C) the person has entered or ceased to be in a de facto relationship;
(D) the person’s spouse, partner in a registered relationship or partner in a de facto relationship has died;
(E) the person is transitioning to another gender; and
(ii) at the time the person applied for the replacement passport, the person held a current passport valid for at least another 2 years;
(c) the fee is for an application for a passport of a kind mentioned in paragraph 5.1(2)(i);
(d) the fee is for an application by, or on behalf of, an Australian citizen for a document of identity for travel between Australia and Norfolk Island only;
(e) the fee is for an application for a new travel document to replace a document that is faulty as a result of error by the Department;
(f) the fee is for an application for a certificate of identity to be issued for the deportation of a person under the Migration Act 1958;
(g) the fee is for an application for a passport to replace a passport (except an emergency passport) if the period of validity of the original passport was less than the maximum period for a passport of that kind under subsection 5.1(2);
(h) the fee is for an application for an official passport on the surrender of a diplomatic passport;
(i) the fee is for an application for a 1‑year passport on the surrender of a diplomatic or official passport on the resignation overseas of the person from his or her diplomatic or official position;
(ia) all of the following apply:
(i) the fee is of a kind mentioned in item 4.2 of Schedule 4;
(ii) the travel document recorded by the Department as lost or stolen is found;
(iii) an application for a replacement travel document is made within 3 months after the date when the found travel document was recorded by the Department as lost or stolen;
(iv) the found travel document is returned to the Department or an Australian diplomatic mission or consulate with the application;
(j) the applicant is a person in respect of whom the Minister is of the opinion that, in view of special circumstances, it is not desirable that any fee should be charged;
(k) the fee is for a matter mentioned in item 4.5 or 4.6 of Schedule 4 (overseas applications) in relation to an Australian passport.
8.3 Refunds
(1) For paragraphs 56(2)(b) and (c) of the Australian Passports Act, an amount specified in subsection (2), (4), (5), (6) or (7) may be refunded to an applicant in the circumstances mentioned in that subsection.
Priority processing fee
(2) If the applicant has paid the additional fee for a matter mentioned in item 4.1 of Schedule 4 in relation to a travel document, and:
(a) the travel document is not issued within 48 hours after the Minister receives all the information requested by the Minister for the purpose of being satisfied of the identity or entitlement of the person in order to issue the document; or
(b) the Minister is satisfied that there are compassionate grounds for the refund of the additional fee;
the Minister may refund the additional fee.
(3) In paragraph (2)(b):
compassionate grounds includes:
(a) the need to travel because of the death or serious illness of the applicant’s spouse, de facto partner, father, mother, son, daughter, brother, sister, father‑in‑law or mother‑in‑law; and
(b) the need to travel with a person who:
(i) needs to travel because of a circumstance mentioned in paragraph (a); and
(ii) is the primary carer of the applicant.
Lost or stolen fee
(4) If:
(a) the additional fee for a matter mentioned in item 4.2, 4.3 or 4.4 of Schedule 4 is paid as a result of a travel document (the original document) being lost or stolen; and
(b) the applicant applies for a refund within 3 months after the issue of the replacement travel document to which the fee relates; and
(c) the person to whom the original document was issued could not reasonably be regarded as having caused or contributed to the loss or theft; and
(d) the circumstances of the loss or theft are not covered by an insurance policy;
the Minister may refund the additional fee.
(5) If:
(a) the additional fee for a matter mentioned in item 4.2, 4.3 or 4.4 of Schedule 4 is paid as a result of a travel document (the original document) being lost or stolen; and
(b) the original document is found and returned by the person to whom it was issued to the Department or an Australian diplomatic mission or consulate within 3 months after it was reported as lost or stolen; and
(c) the applicant applies for a refund within 3 months after the original document was recorded by the Department as lost or stolen;
the Minister may refund an amount equal to the fee for a matter mentioned in item 4.2 of Schedule 4.
Extenuating or unusual circumstances
(6) The Minister may refund a fee or part of a fee (including a fee for a matter mentioned in Part 4 of Schedule 4, if applicable) if the Minister is satisfied that the refund of the fee, or part of the fee, is justified by extenuating or unusual circumstances.
Overseas applications
(7) If:
(a) the Minister refunds a fee in relation to an Australian passport in circumstances mentioned in subsection (2), (4), (5) or (6); and
(b) the applicant also paid the additional fee for a matter mentioned in item 4.5 or 4.6 of Schedule 4 (overseas applications) in relation to the Australian passport;
the Minister may also refund the additional fee for the matter mentioned in item 4.5 or 4.6 of Schedule 4 (overseas applications).
Part 9—Name on travel document, endorsements and observations
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.
Note: The text of the Convention on International Civil Aviation is set out in Australian Treaty Series 1957 No. 5 ([1957] ATS 5). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
(12) In this section:
Apostille Convention means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at The Hague on 5 October 1961.
Note: The text of the Convention abolishing the Requirement of Legalisation for Foreign Public Documents is set out in Australian Treaty Series 1995 No. 11 ([1995] ATS 11). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Australian citizenship certificate means:
(a) a certificate of citizenship granted under the Australian Citizenship Act 1948; or
(b) a notice given to a person under section 37 of the Australian Citizenship Act 2007.
foreign marriage certificate means a marriage certificate that:
(a) is issued in accordance with the local law of the overseas country where the marriage takes place; and
(b) is recognised by a competent authority of that overseas country as a certificate, entry or record of a marriage solemnised in, or under the law of, that country; and
(c) relates to a marriage that is recognised under the Marriage Act 1961; and
(d) is legalised.
foreign name change certificate means a certificate that:
(a) is issued in accordance with the local law of the overseas country where the certificate is issued; and
(b) is recognised by a competent authority of that overseas country as a certificate, entry or record which effects a name change for a person; and
(c) is legalised.
legalised means:
(a) for a foreign marriage certificate or foreign name change certificate issued in an overseas country that is a signatory to the Apostille Convention—an apostille has been placed on the certificate or on a separate document affixed to the certificate in accordance with the requirements of the Apostille Convention; or
(b) for a foreign marriage certificate or foreign name change certificate issued in an overseas country that is not a signatory to the Apostille Convention—one or more signatures, stamps or seals have been placed on the certificate, or on a separate document affixed to the certificate, in accordance with processes recognised in the country in which the certificate is issued
registered means registered on a register maintained by a Registrar of births, deaths and marriages (however described) of any State or Territory.
9.2 Endorsements and observations
In issuing an Australian travel document, the Minister may endorse, or make an observation on, that travel document to specify such particulars as the Minister thinks fit.
Part 10—Miscellaneous
10.1 Delegation of Minister’s powers
(1) The Minister may, in writing, delegate to a person who is an officer within the meaning of paragraph (a), (b), (c) or (g) of the definition of officer in subsection 6(1) of the Australian Passports Act any or all of the Minister’s powers and functions under paragraph 5.2(1)(b) and sections 6.1, 6.2, 8.2, 8.3 and 9.1.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
10.2 Review of decisions
A decision under section 8.2 or 8.3, or subsection 9.1(8), (9) or (10), is reviewable in accordance with the procedures set out in sections 49 and 50 of the Australian Passports Act as if the decision were a reviewable decision under section 48 of the Australian Passports Act.