Australian Passports

The Australian Passport Office (APO), part of the Department of Foreign Affairs and Trade, issues Australian passports to Australian citizens in Australia and overseas. The APO also issues travel-related documents to Australian (and occasionally Commonwealth) citizens in certain situations and to eligible non-Australian citizens living in Australia (in line with Australia’s international obligations).

An Australian passport represents the holder as an Australian citizen and requests that the bearer be afforded freedom of passage and every assistance and protection of which he or she may stand in need. An Australian travel-related document does not provide this. Collectively, Australian passports and travel-related documents are known as Australian travel documents (ATDs).

ATDs must be issued in forms that are approved by the Minister for Foreign Affairs (subsection 53(2) of the Passports Act). This power is delegated to Senior Executive Officers in the APO, but in practice the Minister approves all new forms of travel documents.

Current forms of Australian passport

Ordinary, Diplomatic and Official Passports are machine-readable (Biometric) travel documents, indicated by the ePassport logo on the front cover.

These passports are designed to meet the internationally agreed standards for biometric travel documents agreed and set out by the International Civil Aviation Organisation (ICAO). The ICAO standards ensure that biometric travel documents are secure and work across border systems globally. Australia continues to play a key role is setting these international standards.

Biometric travel documents do both of the following:

• include a tamper-proof passport chip as a security measure (and, as such, are a condition of some countries' visa waiver programs)
• facilitate the use of automated border systems (such as Australia's SmartGate).

Ordinary passports

Ordinary Australian passports are issued to adults and children.

The maximum validity of an ordinary Australian passport is set out in subsection 17(2) of the Passports Determination:

• 10 years for an adult
• 10 years for a child aged 16 or 17 years
• 5 years for a child 15 years or under
• 5 years (optional) or 10 years for an adult aged 75 or over.

These maximum validities may be reduced depending on the circumstances.

A Limited Validity Passport (LVP) is an ordinary passport issued with less than the maximum validity for a passport of its kind. Usually, LVPs are issued in Australia to meet the urgent travel needs of customers who cannot meet full application requirements, but their identity, citizenship and entitlement can be established. LVPs are issued with a maximum validity of 1 year.

A Reduced Validity Passport is an ordinary passport issued with a reduced maximum validity, determined by legislation, following the loss or theft of 2 or more of the customer’s travel documents in the 5 years immediately prior to making the application (subsection 17(2) item 10 of the Passports Determination). See also: Lost and stolen passports.

A Replacement Passport is an ordinary passport issued with the same expiry date as the passport being replaced or, in the case of a Replacement Passport to upgrade a Limited Validity Passport, the expiry date the LVP would have had if it had been issued with full validity initially. See (subsection 17(2) items 11 to 17 of the Passports Determination). See also: Replacement Passports.

Concurrent Passports may be issued to adults and children in specified circumstances. The maximum validity of a Concurrent Passport is 3 years (subsection 17(2) item 5 of the Passports Determination). See also: Concurrent Passports.

An Ordinary passport with a maximum of 1-year validity may also be issued in particular circumstances (these are distinct from LVPs) (subsection 17(2) Items 7 to 9 of the Passports Determination).

Diplomatic and Official Passports

Diplomatic and Official Passports are issued to facilitate the travel of Australian citizens who are travelling for diplomatic or official purposes, as approved by the Minister for Foreign Affairs under the Ministerial Schedules: Sponsored Passports [PDF 185 KB].

Diplomatic and Official Passports are also known as sponsored passports because in most cases the government authority that the holder will represent, sponsors the passport. The sponsoring authority must provide a Sponsorship Letter and the holder must sign a Sponsored Passports Conditions Acknowledgment [RTF 45 KB].

Diplomatic and Official Passports do not award the holder any special rights or privileges. Individual countries may confer this at any time and at their discretion.

Emergency Passports

Emergency Passports (EYs) are issued at overseas posts to facilitate the urgent travel of Australian citizens who meet all requirements but cannot wait the standard turnaround time for the issue of a full validity passport.

The current Emergency Passport (EY) (P series) has:

• a dark grey cover
• only six Visa pages
• no Passport Chip (EYs are not Biometric travel documents).

Not all countries accept Emergency Passports. Some countries exclude emergency and non-biometric passports from their visa-waiver or visa on arrival programs. The holder of an Emergency Passport is responsible for checking with each destination country that an Emergency Passport is accepted for entry, exit and transit. The maximum validity of an EY is 1 year (subsection 17(2) item 6 of the Passports Determination). EYs are intended to meet the immediate travel needs of the holder and may be issued with less than the maximum validity. See also: Emergency Passports.

Travel document series

Approximately every five years, the APO issues a new series of ATDs, with updated security features. In addition, every second series (released approximately every 10 years) has new design features, including new visa pages.

Australian travel-related documents

In addition to Australian passports, the Australian Passport Office (APO), part of the Department of Foreign Affairs and Trade (DFAT), issues the following Australian travel-related documents:

• Convention Travel Documents (CTDs)
• Certificates of Identity (COIs)
• Documents of Identity (DOIs)
• Provisional Travel Documents (PTDs).

CTDs and COIs, and DOIs in certain circumstances, are issued to non-Australian citizens in accordance with Australia’s obligations under international law.

Current forms of Australian travel-related document

Collectively, Australian passports and travel-related documents are known as Australian travel documents (ATDs). An Australian passport represents the bearer as an Australian citizen. In most cases, an Australian travel-related document does not.

CTDs and COIs are issued to eligible non‑Australians living in Australia (refugees and persons who are stateless or unable to obtain a travel document from their country of nationality).

DOIs may be issued to Australian citizens in certain circumstances where an Australian passport is unnecessary or undesirable or to citizens of other Commonwealth countries who are unable to obtain a travel document from their country of nationality (for example, in emergency situations overseas).

PTDs are a temporary travel document issued to Australian citizens overseas in countries without an Australian consular presence, who need to cross a border to get to an Australian Embassy, High Commission or Consulate and apply for a new ATD.

CTDs and COIs are machine-readable (biometric) travel documents and meet the internationally agreed standards set out by the International Civil Aviation Organization (ICAO Doc 9303 Machine Readable Travel Documents). Biometric travel documents include a tamper proof passport chip as a security measure.

DOIs issued overseas and PTDs do not include a passport chip. For this reason, travel on an emergency Travel-related document issued overseas may require a visa, even where Australian citizens can usually travel visa free.

Application for an Australian passport

Subsection 7(3) of the Australian Passports Act 2005 provides that an application for an Australian passport must be made in the form approved by the Minister (or delegate) and accompanied by the applicable fee (if any).

Eligible customers can complete a passport application online then print it for lodgement. In person lodgement is mandatory and a key requirement to meet the highest level of identity assurance under the National Identity Proofing Guidelines.

Streamlined renewal is only available to adults applying online because generating the application relies on verification of the customer’s previous passport record. There is no hardcopy form for streamlined renewal.

Customers can complete a passport application online, then print and lodge it at one of the participating Australia Post outlets across Australia or at their nearest overseas Australian diplomatic mission or consulate if overseas. Passport officers at overseas posts provide passport lodgement services and issue emergency travel documents to Australians overseas.

In Australia, hardcopy passport application forms are available on request from Australia Post outlets that are accredited to offer passport services. Overseas, hardcopy forms are only available on request from an overseas post.

Each Australian State and Territory capital city also has a Passport Office (STO), where urgent passport applications can be lodged in compelling or compassionate circumstances.

Customers can book an appointment to lodge at a STO through the Australian Passport Office Contact Centre (APOCC). Appointments at STOs are only available to customers who:

• need to travel urgently due to compelling or Compassionate circumstances
• are applying for a diplomatic or Official Passport or
• are applying for a Travel-related document (CTD or COI).

APOCC provides a telephone helpline for passport clients in Australia and to some locations overseas. Applicants for an Australian travel-related document must call APOCC to obtain an application form.

Almost all Australian passports are personalised in Australia at one of two bulk printing/personalisation centres. This includes all Ordinary passports issued to applicants in Australia and overseas.

Completed passports are sent directly to the customer by registered mail (in Australia) or to the post for sending on to the customer (overseas). Customers may also choose to collect their passport from a STO or overseas post.

Information on applying for an Australian passport is also available on the passports website.

Application for a travel-related document

Subsection 9(3) of the Australian Passports Act 2005 provides that an application for an Australian travel-related document must be made in the form approved by the Minister (or delegate) and accompanied by the applicable fee (if any).

There is currently no online application option for Convention Travel Documents (CTDs) or Certificates of Identity (COIs). Customers applying for these document types must complete a hardcopy PC5 Form. In Australia, customers must call the Australian Passport Office Contact Centre (APOCC) to obtain this form.

CTD and COI applications must be lodged at a State or Territory Passport Office (STO). Australia Post outlets do not accept CTD and COI applications. Customers must call APOCC to book an appointment to lodge their application. As is with Australian passports, every application for a CTD or COI must be lodged in person.

Overseas, CTDs and COIs are only available in certain circumstances, to customers who have held a previous Australian CTD or COI. Forms are available by arrangement with an Australian diplomatic mission or consulate (overseas post).

Specially trained Passport Case Officers establish the identity of the customer, confirm the customer’s identity and visa status against their Department of Home Affairs record and assess their eligibility against the criteria for issue of a CTD or COI.

Information on applying for a Convention Travel Document (CTD) or Certificate of Identity (COI) is also available on the passports website.

Cardinal and supporting documents

A customer applying for an ATD for the first time should present their original cardinal (or commencement of identity) document (not a copy) issued by a Registry of Births, Deaths and Marriages (RBDM) or the Department of Home Affairs.

Customers must also present originals of any other documents needed to confirm their identity, including current personal details and citizenship.

Throughout their life, the identity of a person born or living in Australia is managed by the RBDM where they were born or live. Usually, a document issued by an RBDM is required to confirm any changes to their personal details.

For customers born overseas, foreign documents may be presented for particular purposes (such as to show evidence of their place of birth and/or gender) or in particular circumstances only (for example, where the customer was born and lives overseas and cannot access an RBDM to update their details).

At lodgement, the lodgement officer will examine the integrity of the original documents presented and make certified copies to be attached to the customer’s passport record. During processing, Australian birth certificates, name change certificates and citizenship certificates will be verified with the issuing agency.

The presentation of original documents and the verification of cardinal and name change documents are necessary to meet the highest level of assurance (Level 4, previously ‘Gold Standard’) for the verification of a person’s identity under the National Identity Proofing Guidelines [PDF 1.8 MB].

Information on documents you need is also available on the passports website.

Establishing identity

Confirming a customer’s identity is essential to the security and integrity of the Australian passport system. Under sections 8 and 10 of the Passports Act, before issuing an Australian passport or Travel-related document to a person, the Minister (or Minister’s delegate) must be satisfied of the identity of the person.

ICAO Doc 9303 Part 4 specifies that the holder’s name, date of birth, sex (gender), photo and signature are all mandatory fields to confirm identity. Inclusion of the place of birth (POB) is a decision for issuing States. Australia considers POB to be a key identity attribute and includes it as a mandatory field.

These key identity attributes, or personal details, will appear on the ATD, along with the customer’s biometric identifiers (photo and signature).

Establishing a client’s identity is essential to the security and integrity of the Australian passport system. As the Australian passport is a primary evidence of identity document, robust processes must be followed to establish a customer’s identity. A customer applying for an Australian travel document (ATD) for the first time must present their original cardinal (or commencement of identity) document (not a copy) issued by an RBDM or Home Affairs, plus originals of any other documents needed to confirm their current personal details:

• Name
• Date of Birth (DOB)
• Place of Birth (POB)
• Sex (gender).

An adult applying for an Australian Travel Document (ATD) for the first time must present evidence of their identity in the community (or social footprint) by presenting Personal Identity Documents (PIDs) and a referee who has known them for at least 12 months and who can confirm their identity. For children, the lodging parent must provide their PIDs. They are not required for the child. These measures provide additional confidence that the identity is legitimate.

All customers aged 16 and above must attend lodgement in person, whether applying for the first time or renewing. The lodgement officer will compare the customer’s photo to the customer in person (and/or take a photo of the customer for Facial Recognition (FR) purposes or to appear in the ATD).

A referee, known as the guarantor on paper form applications, is also required for child applications. The referee (guarantor) must complete and sign the guarantor declaration on the application form and endorse one of the child’s passport photos.

These identity requirements meet the highest level of assurance (Level 4, previously ‘Gold Standard’) for the verification of a person’s identity under the National Identity Proofing Guidelines [PDF 1.8 MB]. This means that Australian passports are issued with a very high level of confidence in the claimed identity. In person lodgement is a key requirement to meet this level of assurance and one of the reasons the Australian passport is so highly regarded internationally.

Information on identity is also available on the passports website.

Name on Australian travel document

The Department of Foreign Affairs and Trade (DFAT) has no authority to register names or name changes. In Australia, that is the responsibility of the relevant Australian State or Territory Registry of Births, Deaths and Marriages (RBDM) or the Department of Home Affairs.

Unless an exception applies, the name to appear on an Australian passport must be the customer’s most recent name on the customer’s Australian birth certificate, Australian citizenship certificate or Australian RBDM name change certificate (section 53(5) of the Passports Act).

In certain circumstances, it may be the name stated for the customer on their previous Australian passport.

The customer’s surname only may be updated to reflect a surname that appears on their RBDM marriage or registered relationship certificate if it is their most recently recorded surname.

For Convention Travel Documents (CTDs) and Certificates of Identity (COIs), the customer’s name must be their most recent name recorded for them by Home Affairs.

These requirements help to prevent a person from obtaining official documents and potentially operating in society in different identities.

The Minister for Foreign Affairs (or a delegated officer) may accept another name in exceptional circumstances or refuse a name (or signature) that is unacceptable, inappropriate or offensive.

Information on names and name change is also available on the passports website.

Unacceptable names or signatures

Under subsection 53(4) of the Passports Act, the Minister (or an appropriate delegate) may also refuse a name or signature that is unacceptable, inappropriate or offensive.

Examples of names or signatures that may be deemed unacceptable, inappropriate or offensive include, but are not limited to, name or signatures that include:

• an expletive
• a racial or ethnic slur or implication
• an obscene or offensive term, symbol or picture
• a numeral
• a political statement or slogan such as “all rights reserved”, "signed on behalf of", trademark ™ or copyright ©, an official title, position or rank that the person does not hold
• the name of, or reference to, a public institution or public office
• a title, award or decoration that is not awarded directly to, or conferred directly on the customer by the Crown or under a law of the Commonwealth
• a term that could mislead people into believing that the bearer has been awarded or conferred a title, award or decoration (see the note above)
• a string of words that would not commonly be recognised as a name
• a name that cannot be established by repute or usage
• any other term that is contrary to the public interest
• a symbol without phonetic significance.

Date of birth on Australian travel document

The date of birth (DOB) on an Australian passport should appear exactly as per the customer’s full original Australian birth certificate or Australian citizenship certificate.

In certain circumstances, it may appear exactly as it appeared on the customer’s previous Australian passport.

The DOB on a Convention Travel Document or Certificate of Identity (for non-Australian citizens) should appear exactly as per the customer's visa evidence or Home Affairs record.

The DOB must appear on the ATD in the following format: DD MMM YYYY (for example, 07 JUN 1979).

In most cases, the customer’s DOB must be confirmed against original documents. There are exceptions for customers who genuinely cannot obtain original evidence of their DOB.

Place of birth on Australian travel document

Australian travel documents (ATDs) must record the holder's place of birth (POB).

Usually POB refers to the customer’s suburb, town or city of birth, but may also be a village, province, district, state or other overseas equivalent for customers born overseas.

The customer’s suburb, town or city of birth or overseas equivalent is printed on the ATD. Unless there is no other place of birth known, the country of birth (COB) is not printed on the ATD but is recorded in PICS for identity purposes.

In most cases, POB is recorded exactly as per the customer's full original Australian birth certificate, foreign birth certificate or foreign passport.

There are exceptions for:

• customers who genuinely cannot present a birth certificate or foreign passport (for example, customers born overseas in a war-torn country)
• foreign place names with commonly used English translations (the English place name will appear on the passport)
• places that have changed names due to geographical renaming (the customer may request their POB be updated to reflect the new name)
• countries that are not recognised by Australia.

Sex (gender) on Australian travel document

Under the Australian Government Guidelines on the Recognition of Sex and Gender [PDF 1.6 MB], the Australian Government is primarily concerned with a person’s identity and social footprint. As such, the preferred approach is for Australian Government departments and agencies to collect information on a person's gender. Consistent with these guidelines, APO interprets sex on the ATD to mean gender.

ICAO Doc 9303 Part 4 specifies that the holder’s sex (gender) is a mandatory field. This field cannot be left blank. Customers who identify as a gender other than male or female (intersex, indeterminate, unspecified, non-binary) may request that the gender in their ATD appear as X.

ATDs will record sex/gender as one of the following:

• M (male)
• F (female)
• X (intersex/indeterminate/unspecified/non-binary).

In most cases, gender is recorded exactly as per the customer's full original Australian birth certificate, foreign birth certificate or foreign passport.

Sex and Gender Diverse (SGD) customers may also present a B14 form [PDF 754 KB]  or letter from a Registered medical practitioner or psychologist to support their preferred gender.

Photo and signature (biometrics)

Photos

The customer must present two identical passport photos that meet APO specific requirements.

The photo to appear on the Australian travel document (ATD) must bear a good likeness to the customer and be of a high enough quality to allow for automated Facial Recognition verification.

This increases the efficiency and integrity of the issuing process and enables eligible customers to access streamlined renewal.

A high-quality photo in a biometric (machine-readable) travel document (or ePassport) enables travellers to access automated border processing, such as SmartGates at the Australian border and similar systems overseas.

Poor quality photos decrease the chances of successful automated processing, meaning the customer may be referred to the primary line for manual processing.

Information on photo requirements is available on the passports website.

Signatures

Signatures provide an extra biometric security feature on the travel document, in addition to the customer's photo and are a mandatory element for persons over 10 years of age.

Subsection 53(4) of the Australian Passports Act 2005 (the Passports Act) provides that the Minister (or delegate) may refuse any name or signature that the Minister or delegate considers to be unacceptable or inappropriate. In addition to being scanned and printed on the ATD, an adult’s signature on the application form is a legal declaration by the customer that:

• the statements they have made and the information they have provided in, or in connection with, their application are true and correct
• they have read and understood the information provided about the collection, use and disclosure of their personal information.

The lodging person signs this declaration for child applications.

The adult customer or lodging person’s signature is also compared to the signature on their Personal Identity Documents (PIDs) presented at lodgement, to help confirm their identity.

Confirming citizenship

The Department of Foreign Affairs and Trade (DFAT) doesn’t determine Australian citizenship and so a customer is generally required to provide original evidence with their passport application that confirms their Australian citizenship.

Under the Australian Citizenship Act 2007, acceptable evidence of Australian citizenship depends on whether the customer was born:

• in Australia before 20 August 1986
• in Australia on or after 20 August 1986
• overseas.

The Department of Home Affairs is the department responsible for determining Australian citizenship (not DFAT). If there is any doubt, the customer must obtain documentary evidence of Australian Citizenship from the Department of Home Affairs.

An Australian citizenship certificate is not a requirement for Aboriginal or Torres Strait Islander customers. Alternative options apply in these cases.

Information on citizenship is also available on the passports website.

Children and consent

The Minister (or their delegate) must not issue an Australian Travel Document (ATD) to a child unless one of the following criteria is met (subsection 11(1) of the Passports Act):

• an application has been lodged with the full consent of all persons with the parental responsibility for the child (paragraph 11(1)(a) of the Passports Act)
• an Australian court order has been presented that permits the child to have an ATD, travel internationally or live or spend time with a person outside Australia (paragraph 11(1)(b) of the Passports Act).

The Minister (or delegate) may consider an application without full consent or an Australian court order that permits issue under the circumstances in subsection 11(2) of the Australian Passports Act 2005 and the Special circumstances in subsection 10(3) of the Australian Passports Determination 2015.

These applications are managed by specially trained and accredited Passport Case Officers.

Alternatively, a person with parental responsibility may request that a child application be considered under the special circumstances provisions set out in subsection 11(2) of the Passports Act and section 10 the Australian Passports Determination 2015. Certain delegates may consider applications without full consent or an Australian court order under these legislated special circumstances only.

Even when considered under special circumstances, there is no guarantee that a child application without full consent or an Australian court order will be approved. The delegate assessing the case may decide to issue, not to issue (because no special circumstances exist) or to refuse to exercise their discretion to issue under special circumstances because the matter should be dealt with by a court.

Child passport applications without full consent or an Australian court order generally take six to eight weeks to process. Normal turnaround times do not apply. If an ATD is not issued the application fee is generally not refunded.

Information on applying for a child passport is also available on the passports website, as well as supplementary forms and publications relevant to certain types of child applications.

Competent authority requests

The Australian Passports Act 2005 (the Passports Act) provides that the Minister may, at the request of a competent authority, cancel or refuse to issue an ATD to prevent a person from travelling internationally. These provisions are intended to:

• support law enforcement and security, including international law enforcement cooperation, by ensuring that a person is unable to travel internationally to avoid prosecution or to potentially commit a crime or endanger others
• prevent avoidance of repaying a debt arising out of assistance provided by Australian consular services.

A competent authority may make a refusal/cancellation request for the following reasons:

• Australian law enforcement matters (section 12 of the Passports Act 2005)
• international law enforcement matters (section 13 of the Passports Act 2005)
• potential for harmful conduct (section 14 of the Passports Act 2005)
• consular debt (section 16 of the Passports Act 2005).

All decisions following a competent authority request are made by the Minister, even where decisions are delegable and delegated. This is because a decision to restrict a person's freedom to travel is a serious decision and should be made at the highest level.

The only decision that does not require Ministerial sign off is the decision to refuse to issue an Australian passport under subsection 12(2) of the Passports Act, as there is no discretion in this decision -if a competent authority makes a request under subsection 12(1) or 12(1A), the Minister must not issue an Australian passport to the person, but may issue a travel-related document (for example, to facilitate return to Australia).

Refusal to process an application (fraud or dishonesty)

The Minister (or a delegated officer) may refuse to process an application for an ATD if there are reasonable grounds to suspect fraud or dishonesty in the application.

Under subsection 19A(2) of the Passports Act, if the Minister or delegate decides to refuse to process the application due to fraud or dishonesty, all Application Fees paid are forfeited and non-Refundable.

Under subsection 19A(3) of the Passports Act, if the person concerned still wishes to be issued an Australian Travel Document (ATD), a new application is required.

This does not limit the offence provisions in sections 29, 30 and 31 of the Passports Act (making false or misleading statements, giving false or misleading information or producing false or misleading documents in relation to an application or ATD).

The relevant offence provisions (relating to false or misleading statements, information or documents) may also apply.

Information on passport fraud is also available on the passports website.

Refusal to issue an Australian travel document

An Australian citizen is entitled, on application, to be issued with an Australian passport (section 7(1) of the Australian Passports Act 2005) provided that:

• their entitlement is not affected by another section of the Passports Act
• their application is in the approved form
• they pay the applicable fee (if any).

There is no entitlement to an Australian travel-related document, but in accordance with Australia’s obligations under the UN Convention related to the Status of Refugees and the UN Convention related to the Status of Stateless Persons [PDF 417 KB], Australia issues these documents to persons who meet the eligibility criteria set out in sections 6 or 7 the Australian Passports Determination 2015.

An application for an Australian travel-related document must also be in the approved form and accompanied by the applicable fee (if any) (section 9(3) of the Passports Act).

Entitlement to be issued an Australian travel document (ATD) is affected by sections 8 and 10 of the Passports Act (identity and citizenship must be established) and Part 2 Division 2 of the Passports Act ‘Reasons the Minister may refuse to issue an Australian Travel Document’ (section 7(2) of the Passports Act).

Other reasons the Minister may refuse to issue an ATD include reasons relating to are:

• children without parental consent or a court order permitting issue (section 11 of the Passports Act)
• law enforcement and security (sections 12 to 14 of the Passports Act)
• repeated loss or theft, consular debt or concurrently valid or suspended ATDs (sections 15 to 17 of the Passports Act).

If a delegate has reasonable grounds to suspect fraud or dishonesty in an application for an ATD, the application will not be processed and a decision on entitlement will not be made (section 19A of the Passports Act).

Lost or stolen Australian travel documents

Lost and stolen travel documents can provide criminals with the potential to assume another identity, to carry out criminal activity in another name and to travel illegally. Fraudulently obtained travel documents are a key enabler for serious crime such as drug trafficking, people smuggling and terrorism.

The legislation and policy in relation to lost and stolen ATDs aim to encourage persons to take all reasonable steps to protect their ATD and to report any lost or stolen ATD immediately. ATDs reported as lost and stolen are cancelled immediately to help protect the holder’s identity and prevent the document’s illegal use.

The Australian Government has a Memorandum of Understanding with some countries and Interpol which allows the sharing of information on lost and stolen travel documents. ATDs that have been reported as lost or stolen are regularly reported to Interpol and appropriate border control authorities.

Where a person has had more than one ATD lost or stolen in a 5 year period, they will only be entitled to a Reduced Validity Passport, unless they can demonstrate they took all reasonable steps to protect their ATD and the loss or theft was out of their control.

For customers with repeated lost or stolen travel documents, subsection 17(2) item 10 of the Australian Passports Determination 2015 mandates a reduction in validity to a maximum of:

• five years where the customer has lost or had stolen two travel documents in the previous five years
• two years where the customer has lost or had stolen three or more travel documents in the previous five years.

This is a legislative requirement. The relevant ordinary passport application fee applies, even if the passport is to be issued with reduced validity.

Information on lost and stolen passports is also available on the passports website.

Damaged Australian travel documents

For the purposes of section 20(2) of the Australian Passports Act 2005 (the Passports Act), section 18 of the Australian Passports Determination 2015 provides that an ATD ceases to be valid if it is damaged such that the Minister (or delegate) is satisfied that it is no longer usable:

• as evidence of the identity and citizenship of its holder or
• to facilitate international travel.

Section 24 of the Passports Act authorises an officer (as defined in section 6 of the Passports Act) to demand the surrender of an invalid ATD, including a damaged document, particularly if the damage is serious or suspicious.

This is intended to protect the holder from experiencing potentially costly and distressing delays if prevented from entering a country due to the condition of the document while travelling and to mitigate fraud.

An ATD that is badly damaged and cannot be recognised as an ATD or presented at lodgement, will be treated as lost or stolen.

A travel document with only minor damage may continue to be used, but the holder may encounter difficulties, particularly if the condition of the document deteriorates while travelling. Customers should be advised to replace it as soon as possible.

A damaged passport may be used to support a streamlined renewal application, or an application for a minor damage replacement, provided it is not so badly damaged that it cannot be used to confirm the identity of the holder (or the damage is suspicious).

The damaged passport must also have more than two years validity remaining to be eligible for the lower cost replacement passport (with the same expiry date as the passport being replaced).

An ATD that is found to be faulty, for example to have a faulty chip, will be replaced without the need for a new application or application fee.

If the ATD or chip has been damaged while in the control of the customer, unless exceptional circumstances exist, the customer is responsible for the replacement.

Information on damaged and faulty passports is also available on the passports website.

Invalid Australian travel documents

Under section 20 of the Australian Passports Act 2005 (the Passports Act), an ATD ceases to be valid when the first of the following occurs:

• at a time or when a circumstance occurs that is specified by the Minister in the Australian Passports Determination 2015 as invalidating an ATD (such as serious damage to the travel document or death or loss of citizenship of the holder)
• at the time specified on the document (that is, the expiry date) or
• when the document is cancelled.

An ATD is not valid while it is suspended under section 22A of the Passports Act. See: Suspended Australian travel documents below.

It is important to remove invalid travel documents from circulation so that they cannot be used for illegal activities.

Where a document ceases to be valid at a time or in a circumstance specified in the Passports Determination as invalidating an Australian travel document, the document must be recorded as invalid in the passport system.

It should also be recovered and cancelled wherever possible. This protects the integrity of Australian travel documents and enhances national and international security. Where a document expires or is cancelled the risk of misuse is lower.

Cancelled Australian travel documents

Subsection 22(1) of the Passports Act provides a broad discretion for the Minister (or an appropriate delegate) to cancel an ATD in unspecified circumstances.

Subsection 22(2) of the Passports Act sets out a number of specified circumstances in which the Minister (or delegate) may cancel an ATD.

These include where:

• the document is still valid when the holder applies for, or is issued with, another Australian travel document
• the document has been lost or stolen
• the holder dies
• a competent authority requests the document be cancelled
• the Minister (or delegate) becomes aware of a circumstance that would have required or permitted the Minister to refuse to issue the travel document had the Minister been aware of the circumstance immediately before the document was issued.
• circumstances specified in the Passports Determination exist (paragraph 22(2)(g)).

Most of the Minister’s powers to cancel an ATD under section 22 of the Passports Act are delegated. However, these delegations vary depending on the reason for the cancellation. Before cancelling an ATD, officers must ensure they have the appropriate delegation to cancel the document for the relevant reason.

A decision to cancel an ATD under section 22 of the Passports Act is reviewable (paragraph 48(c) of the Passports Act).

Where a travel document is not sighted prior to cancellation, it must be voided (electronically cancelled in the passports system) and marked for impound (‘V and I’ status).

Section 22AA of the Passports Act provides that the Minister must cancel an Australian passport that has been issued to a reportable offender where a competent authority makes a refusal/cancellation request in relation to the person.

A decision to cancel an Australian passport under section 22AA of the Passports Act is not reviewable (as there is no discretion in this decision).

Suspended Australian travel documents

An Australian travel document (ATD) may be suspended for 28 days based on a request by the Director-General of Security of the Australian Security Intelligence Organisation (ASIO) relating to security risk (section 22A of the Passports Act).

Similarly, a foreign travel document may be demanded up for 28 days based on a request by the Director-General of Security relating to security risk (sections 15A and 16A of the Foreign Passports Act).

These provisions enable the Australian Government to proactively mitigate the risk posed by individuals who may intend to travel overseas to engage in harmful conduct.

Demand for surrender

Sections 23 to 25 of the Passports Act and sections 16 to 17 of the Foreign Passports Act provide for an officer under the Passports Act or an enforcement officer under the Foreign Passports Act to demand the surrender of a person’s travel documents in specified circumstances.

Once surrendered, the travel documents are impounded—that is taken into the Australian Government's possession.

The ability to demand the surrender of a person's travel documents:

• supports Australian and international law enforcement
• helps protect children from international parental child abduction
• protects the security and integrity of the Australian passports system by preventing the illegal use of Australian travel documents.

It is an offence if a person does not immediately surrender their Australian or foreign travel documents if demanded to do so by an authorised officer. Penalties can include imprisonment or a fine, or both.

Under section 26 of the Passports Act, a Customs officer may also seize an ATD or other document that is not in the possession or control of any individual and the officer suspects on reasonable grounds that the document is suspicious.

Offences

Offences relating to Australian travel documents (ATDs) are provided for under Part 3 and Part 4 of the Passports Act.

Offences relating to foreign travel documents are provided for under Part 2 and Part 3 of the Foreign Passports Act.

The offence provisions are intended to:

• combat the trafficking of lost, stolen and false travel documents for use in connection with criminal activities, such as people smuggling, drug smuggling and terrorism
• prevent fraud concerning the issuance and use of ATDs
• deter the abuse of public office in the issuance and administration of ATDs.

In some instances, penalties for the offences are cumulative. For example, if a person sells two genuine or false ATDs, the maximum penalty set out in section 33 of the Passports Act is doubled (i.e. 20 years imprisonment or 2,000 penalty units or both).

These penalties are consistent with other offences in the Criminal Code Act 1995 and the Migration Act 1958 that aim to prevent the use of false identity and citizenship documents in Australia.

In addition to the criminal aspects, people who are victims of passport and identity crime often suffer emotional and financial costs. For victims of identity crime, IDCARE is available for support and advice.

Privacy and disclosures

An officer who breaches the provisions in the Passports Act or the Privacy Act may face a criminal or civil penalty, or both. DFAT’s Privacy Policy and systems also protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.

The collection, use and disclosure of personal information is permitted under the Passports Act:

• in relation to the operation of the Act (for example to establish identity, citizenship and entitlement to an Australian travel document (ATD))
• to mitigate the risk associated with lost, stolen or otherwise suspicious ATDs
• for specified purposes such as law enforcement, family law and related matters and to assist border management and facilitate international travel.

Customers applying for an ATD must declare they have read the Notice about the collection, use and disclosure of their personal information, which sets out how their information may be collected, used or disclosed according to the law.

Information about Collection, Use and Disclosure of Personal Information is also available on the passports website.

Review of decisions

Section 48 of the Australian Passports Act 2005 and section 30 of the Australian Passports Determination 2015 set out the decisions relating to Australian travel documents (ATDs) that are reviewable.

Section 23 of the Foreign Passports (Law Enforcement and Security) Act 2005 sets out the decisions relating to foreign travel documents that are reviewable.

These decisions are reviewable under administrative law, either by the department or the ART. The department and the AAT can only review those decisions that the law specifically states are reviewable.

Review under administrative law is merits based, that is, the decision can be overturned if the reviewer does not think the original decision resulted in the best outcome, even if the decision was legally made. This differs from judicial review, which looks only at the legality of a decision.

Some decisions are specifically not reviewable. Where the legislation specifies that decisions are not reviewable, it is usually because they are procedural in nature and not discretionary. However, certain decisions relating to children are also not reviewable. These are matters better dealt with by the Family Court than the administrative appeals regime.

Information on Review of decisions is also available on the passports website.

Delegations and authorisations

Section 51 of the Passports Act provides that the Minister for Foreign Affairs (the Minister) may delegate to an officer (as defined in section 6 of the Passports Act) any or all of the Minister’s powers and functions under specified provisions of the Passports Act.

Section 52 of the Passports Act provides that the Minister may also, in writing, authorise other persons to perform specified functions of an officer under the Passports Act.

Section 29 of the Passports Determination specifies further powers and functions that the Minister may delegate.

Section 23A of the Foreign Passports (Law Enforcement and Security) Act 2005 provides that the Minister may delegate one power under that Act to a Senior Executive Service (SES) officer only.

Endorsements and observations

Section 55 of the Australian Passports Act 2005 authorises the Minister (or delegate) to endorse, make an observation or specify such particulars on an ATD as the Minister (or delegate) thinks fit (section 26 of the Australian Passports Determination 2015).

An endorsement or observation may be used to provide information relevant to the identity of the holder and/or the purpose of their travel.

An endorsement or observation must not conflict with, or be used to try to alter, any personal details on the bio-data page of the ATD.

An endorsement or observation may be printed directly onto the observation page when the ATD is issued. It may also be printed on a label that is placed on the observation page of an ATD with a stamp/seal after the ATD has been issued.

A fee applies to applications for observations that are made after an ATD has been issued. See also: Passport fees.

Fees, waivers and refunds

Application fees for Australian travel documents (ATDs) are imposed by section 4 of the Australian Passports (Application Fees) Act 2005. For customers to get an ATD, fees are payable to the Commonwealth at the time the application is made.

Fees may be waived or refunded under certain circumstances outlined in sections 27 and 28 of the Australian Passports Determination 2015.

Passport fees are adjusted on 1 January each year, in line with the movement in the Australian Consumer Price Index (CPI). The amount of each fee is worked out with reference to an indexation factor set out in section 7 of the Application Fees Determination.

Types of fees

Application fees are applicable to the types of applications for Australian travel documents (ATDs) as outlined in section 5 of the Application Fees Determination.  A fee also applies to applications for observations that are made after an ATD has been issued. 

There are additional fees for Priority (2-day) processing and Fast track (5-day) processing. The overseas surcharge is an additional fee that applies to Australian passport applications that are lodged overseas. These additional fees are set out in section 6(3) of the Application Fees Determination.

Types of waivers

Waivers may apply to application fees for replacement passports and may also apply to application fees for other ATDs in certain or exceptional circumstances. These circumstances are further described in section 56 of the Australian Passports Act 2005 (the Act) and section 27 of the Australian Passports Determination 2015 (the Determination).

Under section 28A of the Determination, a fee waiver doesn’t apply to applications that are refused because of a refusal or cancellation request.

Types of refunds

Refunds (full or partial) apply to application fees and additional application fees in certain circumstances (for administrative reasons) and in exceptional circumstances.

These circumstances are set out in section 23 of the Public Governance, Performance and Accountability Act 2013 and in section 28 of the Determination respectively.

Refunds (full or partial) don’t apply to:

• applications that are refused because of refusal or cancellation request; or
• ATDs where validity has been limited, reduced or is unused.
   

Priority, compelling and compassionate issue

In Australia, Priority (2-day processing) or Fast Track (5-day processing) is available to eligible customers for an additional fee.

Customers with compelling or compassionate circumstances who need a passport more urgently may apply to receive a passport in less than two business days, provided all requirements are met. The Priority (2-day processing) fee (PPF) and Fast Track (5-day processing) fee (FTF) still applies in compelling cases but doesn't apply in compassionate circumstances.

Overseas customers with urgent travel needs can apply for an emergency passport.

Eligible customers may pay the PPF or the FTF. This ensures their passport will be ready to collect (or to be posted to them) within two or five business days respectively of the APO receiving the application and all required documents if all requirements are met.

Customers in Australia who need a passport more urgently (in less than two business days) due to compelling or compassionate circumstances may contact the Australian Passport Office Contact Centre (APOCC) to discuss their circumstances.

If they meet the compelling or compassionate criteria, APO will issue an urgent passport as soon as possible, if all requirements are met.

Customers who are overseas and need a passport urgently may apply for an emergency passport (either instead of or in addition to their full validity passport). Overseas posts are only able to print emergency documents. They can't issue a full validity passport in two business days because these are printed in Australia before distributing overseas.

Information on urgent applications is also available on the Passports website.

Alerts

An alert is an internal warning or notification placed on a customer’s record to draw attention to a matter that may affect the person’s entitlement to be issued an ATD at their next application.

Alerts can be placed on a customer’s record for a wide variety of reasons. If an individual does not have a passport record, one can be created for the purpose of adding the alert.

If an alert has been placed on a person's record and the person applies for a travel document, the alert warns the officer processing the application that certain information must be considered or that a travel document must not be issued.

Alerts must be actioned or resolved before an ATD may be issued.

Alerts relate only to the issue of an ATD. They have no relevance to a person's movements in or out of Australia. They cannot prevent travel where a person already holds a valid Australian or foreign travel document or is able to obtain a foreign travel document.

Most alerts have an expiry date. When alerts are created, a period of time must be specified. For example, a child alert that is not supported by a court order will expire after 12 months. A child alert that is supported by a court order will expire at the time specified in the order or, if no time is specified, when the child turns 18.

Information on child alert requests is also available on the passports website.