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Foreign Passports (Law Enforcement and Security) Act 2005
21Improper use or possession of a foreign travel document
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#### 21 Improper use or possession of a foreign travel document
(1) A person commits an offence if:
(a) the person uses a foreign travel document in connection with travel or identification; and
(b) the document has been cancelled.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(2) A person commits an offence if:
(a) the person uses a foreign travel document in connection with travel or identification; and
(b) the document was not issued to the person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(3) A person commits an offence if:
(a) the person provides another person with a foreign travel document that was issued to the first‑mentioned person; and
(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.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(4) A person commits an offence if:
(a) the person has possession or control of a foreign travel document; and
(b) the person knows that the document was not issued to the person.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.
> Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.