[LINK] Wikileak founder's passport cancelled
Roger.Clarke at xamax.com.au
Mon May 17 17:13:28 AEST 2010
>What legal capacity does any government agency have to:
>(a) "confiscate" a passport?
>(b) "cancel" a passport?
Quick Searches using both Google and AustLII have yielded precious
little guidance on the rights of Australians in relation to passports.
AustLII did turn up one, which refers (without a section reference)
to a right to 'cancel' a passport - "Under the Act, the Minister has
the discretion to refuse a passport in certain situations including
where a person might endanger the health, safety or rights and
freedoms of other persons either in Australia or abroad".
Not that in 2003 the old 1988 Act was in place, not the current 2005 Act.
Media release from the Australian Department of Foreign Affairs and Trade
D2 / 6 FEBRUARY 2003
Betterridge's Passport Cancelled
On the instruction of the Foreign Minister, Mr Downer, the Department
of Foreign Affairs and Trade has today cancelled the passport issued
to Clint Betterridge while he was on bail in Cambodia on charges of
Mr Betterridge used the passport to flee Cambodia prior to his trial
in Siem Reap on 29 January where he was sentenced in absentia to 10
Under the Act, the Minister has the discretion to refuse a passport
in certain situations including where a person might endanger the
health, safety or rights and freedoms of other persons either in
Australia or abroad.
Revised instructions have now been issued to all overseas posts
underlining the requirement for such matters to receive high-level
attention, including formal dialogue between the Head of the post and
senior officers in Canberra. Instructions have also been issued that
in such circumstances the matters should be actively considered for
referral to the Minister for the exercise of Ministerial discretion.
Senior officials from the Department and the Attorney General's
Department are now examining possible grounds for either the
extradition of Mr Betterridge to Cambodia or charges against him
under Australian legislation.
Australia has a strong bilateral relationship with Cambodia,
particularly on transnational issues such as Child Sex Tourism.
We are confident that this cooperation will continue in dealing with this case.
Roger Clarke http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
Visiting Professor in Computer Science Australian National University
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