[LINK] [PRIVACY] Re: Wikileak founder's passport cancelled
Roger.Clarke at xamax.com.au
Mon May 17 17:56:47 AEST 2010
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.
At 17:38 +1000 17/5/10, Stephen Wilson wrote:
>Is it not significant that inside the passport it says, in capitals,
>that it remains the property of the Australian government?
Quite possibly, although there are counter-arguments, and it's a
question of law, not a question of what some bureaucrat got printed
We thought we had rights as citizens, including a right to a passport.
Did the Howard regime, aided and abetted by Labor, annul that?
>Australian citizen is entitled to be issued an Australian passport
>(1) An Australian citizen is entitled, on application to the
>Minister, to be issued with an Australian passport by the Minister.
> [BUT] (2) An Australian citizen's entitlement to be issued with an
>Australian passport is affected by section 8 [which is procedural]
>and by Division 2 [ss. 11-19], which are what matter, starting here:
Aside: I've now located in ss. 18-19 the provisions that I suggested
in my previous post may have been lacking in the Act. It's god-awful
drafting style (the quality of work of legislative draftsmen is
atrocious - always assuming that the intention is for legislation to
be understandable ...), but the power to cancel is probably workable:
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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