[LINK] Wikileak founder's passport cancelled

[Roger Clarke]

>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
http://www.dfat.gov.au/media/releases/department/d002_03.html

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 
debauchery.

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 
years' imprisonment.

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
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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