[LINK] Wikileak founder's passport cancelled

[Kim Holburn]

I believe the minister can cancel someone's passport for various  
reasons.

http://www.austlii.edu.au/au/legis/cth/consol_act/apa2005261/index.html
http://www.austlii.edu.au/au/legis/cth/consol_act/apa2005261/s22.html
http://www.austlii.edu.au/au/legis/cth/consol_act/apa2005261/s14.html

Under the passport act the minister can cancel a passport if a  
*competent authority* makes a refusal/cancellation request in relation  
to the person.

http://www.theaustralian.com.au/news/nation/aussies-have-passports-confiscated-or-denied/story-e6frg6nf-1225845525826

It looks like the Australian government can cancel your passport if  
you have broken the law in a foreign country and you are under an  
order not to leave their country and they ask the Australian  
government to cancel your passport.  Maybe this is part of some treaty  
but it sounds pretty nasty to me.

On 2010/May/17, at 5:13 PM, Roger Clarke wrote:

>> 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
>                    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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-- 
Kim Holburn
IT Network & Security Consultant
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