Document ID: chunk:federal_register_of_legislation:C2024C00528:section:11:p1
Version: federal_register_of_legislation:C2024C00528
Segment Type: section
Provision Reference: s 11 (pt 1/2)
Character Range: 15630–18256

11  Reasons relating to child without parental consent or court order for travel
 (1) The Minister must not issue an Australian travel document to a child unless:
 (a) each person who has parental responsibility for the child consents to the child having an Australian travel document; or
 (b) an order of a court of the Commonwealth, a State or a Territory permits:
 (i) the child to have an Australian travel document; or
 (ii) the child to travel internationally; or
 (iii) the child to live or spend time with another person who is outside Australia.
 (2) Subsection (1) does not prevent the Minister from issuing an Australian travel document to a child if:
 (a) circumstances specified in a Minister's determination as special circumstances exist; or
 (b) the Minister is satisfied that the child's welfare (physical or psychological) would be adversely affected if the child were not able to travel internationally; or
 (c) the Minister is satisfied that:
 (i) the child urgently needs to travel internationally because of a family crisis; and
 (ii) if there is a person who has parental responsibility for the child and who has not consented to the child having an Australian travel document—it is not possible to contact that person within a reasonable period; or
 (d) in the case of a child who is outside Australia—the child departed Australia less than 12 months before the application for the Australian travel document was made and the Minister considers that an Australian travel document should be issued to enable the child's return to Australia.
 (3) If the Minister refuses to issue an Australian travel document to a child, the Minister may declare that he or she is refusing to exercise the discretion under subsection (2) because the matter should be dealt with by a court.
 (5) For the purposes of this section, a person has parental responsibility for a child if, and only if:
 (a) the person:
 (i) is the child's parent (including a person who is presumed to be the child's parent because of a presumption (other than in section 69Q) in Subdivision D of Division 12 of Part VII of the Family Law Act 1975); and
 (ii) has not ceased to have parental responsibility for the child because of an order made under the Family Law Act 1975; or
 (aa) the person:
 (i) is the child's parent (including a person who is presumed to be the child's parent because of a presumption (other than in section 189) in Subdivision 3 of Division 11 of Part 5 of the Family Court Act 1997 (WA)); and
 (ii) has not ceased to have parental responsibility for the child because of an order made under that Act; or
 (b) under a