25Names on Australian travel documents

25 Names on Australian travel documents

(1) For subsection 53(5) of the Act, this section sets out the circumstances in which the name on a person’s Australian travel document may be a name other than the most recent name mentioned in paragraphs 53(5)(a) to (e) of the Act. (2) If, after a person’s previous Australian 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 surname that the person had used before the person married or entered the registered relationship if: (a) the surname: (i) is registered for the person in Australia; or (ii) is stated on an Australian citizenship certificate; and (b) the surname has not been replaced with another surname that: (i) is registered for the person in Australia; or (ii) is stated on an Australian citizenship certificate. (3) 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 with a period of validity of at least 2 years; and (b) the document was issued on or after 20 August 1986; and (c) 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. (4) 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. (5) Subject to subsection (10), 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. (6) Subject to subsection (10), if an Australian 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. (7) In the circumstances mentioned in paragraph (6)(b), the only name that the person may use is the name specified on the register after the change. (8) A person may use the surname 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 the registrar of births, deaths and marriages (however described) of a State or Territory; and (b) the marriage to which the foreign marriage certificate relates occurred after the person became an Australian citizen. (9) 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 the registrar of births, deaths and marriages (however described) of a State or Territory; and (b) the name change to which the foreign name change certificate relates occurred after the person became an Australian citizen. (10) If, on the request of the person, in exceptional circumstances, the Minister considers it desirable that another name appear on the Australian travel document, the person may use that name. (10A) Despite anything else in this section, if the Minister considers it desirable that another name appear on a travel‑related document issued in the circumstances mentioned in paragraph 9(1A)(b) of the Act, that other name may be used. (11) In this section: