Passports Legislation Amendment (Integrity) Act 2015 (122 of 2015)

Schedule 1   Amendments

Part 1   Main amendments

Australian Passports Act 2005

48   Sections 33 and 34

Repeal the sections, substitute:

33 Selling a genuine or false Australian travel document

A person commits an offence if the person sells an Australian travel document or a false Australian travel document.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

34 Damaging or interfering with an Australian travel document

(1) A person commits an offence if:

(a) the person engages in conduct in relation to an Australian travel document; and

(b) the conduct results in:

(i) the destruction of the Australian travel document; or

(ii) damage to, manipulation of, or tampering or interference with the Australian travel document; or

(iii) damage to, manipulation of, or tampering or interference with the Australian travel document's contactless integrated circuit; or

(iv) the removal of the Australian travel document's contactless integrated circuit.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.