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Passports Act 2012

SOLOMON ISLANDS
________


PASSPORTS ACT 2012


(NO. 2 OF 2012)


Passed by the National Parliament this 7th day of February 2012.


(This printed impression has been compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the said Bill)


________________
Taeasi Sanga (Mrs)
Clerk to Parliament


Assented to in Her Majesty's name and her Majesty's behalf this 9th day of March 2012.


________________________
Sir Frank Utu Ofagioro Kabui
Governor-General


Date of Commencement: see section 1


AN ACT to make new provisions for the issue of Solomon Islands passports and other travel identity documents, repeal the Passports Act (Cap. 61) and other related matters.


ENACTED by the National Parliament of Solomon Islands.


____________________


ARRANGEMENT OF SECTIONS


PART 1 - PRELIMINARY


1. Short title and commencement
2. Interpretation


PART 2 - SOLOMON ISLANDS PASSPORTS


3. Classification of passports
4. Issue of passports
5. Application condition
6. Identity, age and citizenship condition
7. Underage consent condition
8. Law enforcement condition
9. No fraud condition
10. Cessation of passport
11. Cancellation of passport
12. Expiry of passport
13. Passport rendered invalid by unauthorised action
14. Stop travel request


PART 3 - TRAVEL IDENTITY DOCUMENTS


15. Issue of travel identity documents
16. No renewal of travel identity documents
17. Cessation of travel identity documents


PART 4 - ENFORCEMENT PROVISIONS


18. Power to take possession of documents
19. Misleading the Minister or Passport Officer
20. Obtaining passport or travel identity document by threats or dishonesty
21. Forging or unlawfully altering a passport or travel identity document
22. Possessing, providing or using false document or another person's document
23. Giving, lending, etc., person's passport or travel identity document
24. Use of diplomatic or official passport
25. Sale of passport or travel identity document
26. Damage or destruction of passport or travel identity document
27. Notice of loss or theft of passport or travel identity document
28. Abuse of office


PART 5 - MISCELLANEOUS


29. Regulations and approval of forms
30. Repeal, saving and transitional

___________________


PASSPORTS ACT 2012


PART 1 - PRELIMINARY


Short title and commencement


1. This Act may be cited as the Passports Act 2012, and commences on a date appointed by the Minister, by notice in the Gazette.


Interpretation


2. In this Act, unless the context otherwise requires -


"appropriate form" for any particular case means a form prescribed under section 29;


"competent authority" means -


(a) The Attorney-General or the Minister for Justice and Legal Affairs;


(b) the Commissioner of Police, a prescribed person or a person declared by the Minister by Notice in writing in the Gazette to be a competent authority;


"Director" means the Director of Immigration;


"guardian" means a legal or customarily recognised guardian;


"false document" means a document that -


(a) has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the document; or


(b) has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or is being improperly used by a person other than the rightful holder;


"immigration officer" means an immigration officer within the meaning of the Immigration Act 2011;


"Passport Officer" means a person appointed by the Minister to exercise the powers under this Act and includes -


(a) any other person designated by the appointed Passports Officer as a Passports Officer;


(b) an overseas representative of the Solomon Islands Government appointed by the Minister to exercise in that country all or any of the powers and functions of a Passport Officer under this Act;


"prescribed" means prescribed by regulation;


"Solomon Islands passport" means a passport issued under this Act (including a passport treated as having been issued under this Act by virtue of section 30(3));


"travel identity document" means any document issued under section 15(including a travel document treated as having been issued under this Act by virtue of section 30(3)).


PART 2 - SOLOMON ISLANDS PASSPORTS


Classification of passports


3. A Solomon Islands passport may be -


(a) an ordinary passport; or


(b) a diplomatic passport; or


(c) an official passport.


Issue of Passport


4. (1) The Passport Officer must issue an ordinary passport issue of to a Solomon Islands citizen who the Passport Officer is satisfied meets the passports following conditions -


(a) the application condition in section 5(1);


(b) the identity, age and citizenship condition in section 6;


(c) the underage consent condition in section 7;


(d) the law enforcement condition in section 8;


(e) the no fraud condition in section 9;


(f) any other prescribed conditions for the issue of an ordinary passport.


(2) The Passport Officer may issue a diplomatic or official passport to a person who the Passport Officer is satisfied meets the following conditions -


(a) the applicant is the holder of an ordinary Solomon Islands Passport; or


(b) the applicant meets the requirements of subsection (1).


(3) The Passport officer must refuse to issue a passport to a person if -


(a) the person does not meet the conditions for the issue of a passport under subsection (1) or (2); or


(b) for a person who meets the conditions for the issue of a passport, a stop travel request by a competent authority is in force under section 14 in relation to the person.


Application condition


5. (1) The application condition for an ordinary passport is that -


(a) the applicant must apply for the passport in the appropriate form; and


(b) the application must be witnessed by a prescribed person;


(c) and the application must be accompanied by the prescribed fee.


(2) The application condition for a diplomatic or official passport is that -


(a) the applicant must apply for the diplomatic or official passport in the appropriate form for a passport of the classification being applied for; and


(b) the application is recommended by the Minister of Foreign Affairs.


Identity, age and citizenship condition


6. The identity, age and citizenship condition is that the applicant must provide evidence to the satisfaction of the Passport Officer of the applicant's identity, age and Solomon Islands citizenship.


Underage consent condition


7. The underage consent condition is that, if the applicant is aged under 18, the applicant must provide evidence to the satisfaction of the condition Passport Officer that -


(a) consent to the applicant being issued a passport has been given by each person who is legally responsible as a parent or guardian for the applicant; or


(b) a court has ordered that the applicant be issued a passport; or


(c) there are special and urgent circumstances that mean that the applicant should be issued a passport and, in the circumstances, it is not reasonable to require consent under paragraph (a) or a court order under paragraph (b).


Law enforcement condition


8. The law enforcement condition is that a stop travel request made by a competent authority under section 14 is not in force in relation to the applicant.


No fraud condition


9. The no fraud condition is that the Passport Officer is satisfied that there is no reason to believe that the application is based on false or misleading information.


Cessation of passport


10. A passport ceases to be in effect if -


(a) the passport is cancelled under section 11; or


(b) the passport expires under section 12; or


(c) the passport becomes invalid under section 13.


Cancellation of passport


11. (1) The Passport Officer must cancel a passport held by a Solomon Islands citizen if -


(a) the citizen is issued another Solomon Islands passport of the same classification; or


(b) the officer becomes aware that the passport has been lost or stolen; or


(c) the Officer becomes aware that the citizen has died; or


(d) prescribed circumstances apply.


(2) The Passport Officer may, on the order of the Minister, cancel a passport held by a Solomon Islands citizen if -


(a) a stop travel request by a competent authority is in force under section 14 in relation to the citizen; or


(b) the Minister is satisfied that a condition referred to in section 4 has ceased to be met or was never met; or


(c) the Minister is satisfied that the passport holder also holds a passport issued by a foreign country; or


(d) prescribed circumstances apply.


Expiry of passport


12. A passport that has not been cancelled expires at the end of the prescribed period.


Passport rendered invalid by unauthorised action


13. A passport becomes invalid if any page is removed from the passport or if any alteration, addition, deletion or erasure is made to the passport.


Stop travel request


14. (1) A competent authority may, by notice in writing given to the Director, request that a person be stopped from travelling internationally if the authority is satisfied that -


(a) there is a warrant for the arrest of the person in relation to an offence against a law of Solomon Islands that is a felony; or


(b) a court order requires that the person be stopped from travelling internationally.


(c) prescribed circumstances apply.


(2) The competent authority may, by notice in writing given to the Director, withdraw the request at any time and must withdraw the request if the authority ceases to be satisfied that subsection (1)(a), (b) or (c) applies.


(3) A request is in force from the time it is made until the time it is withdrawn.


PART 3 - TRAVEL IDENTITY DOCUMENTS


Issue of travel identity documents


15. The Passport Officer may, in prescribed circumstances, issue a person with one of the following travel identity documents -


(a) if the person is a citizen, a certificate of identity;


(b) if the person is a non-citizen seeking protection, or who has been granted protection, under the Refugee Status Determination Act, a Convention refugee travel document;


(c) if the person is a non-citizen other than in (b), an emergency certificate.


No renewal of travel identity documents


16. A travel identity document cannot be renewed.


Cessation of travel identity documents


17. (1) A travel identity document ceases to be in effect if -


(a) the document is cancelled under subsection (2); or


(b) the document expires under subsection (3); or


(c) the document becomes invalid under subsection (5).


(2) The Passport Officer may cancel a travel identity document held by a person if -


(a) the Officer is satisfied that the person has ceased to meet, or never met, the conditions for the issue of the document; or


(b) the Officer becomes aware that the document has been lost or stolen; or


(c) the Officer becomes aware that the person has died; or


(d) a stop travel request by a competent authority is in force under section 14 in relation to the person and the Officer has reason to believe that the person is in Solomon Islands; or


(e) prescribed circumstances apply.

(3) A travel identity document expires on the date specified in the document as the expiry date.


(4) The regulations may prescribe a maximum term for travel identity documents. If the regulations do so, the expiry date specified in any such document under subsection (3) must not exceed the maximum term.


(5) A travel identity document becomes invalid if any page is removed from the document or if any alteration, addition, deletion or erasure is made to the document.


PART 4 - ENFORCEMENT PROVISIONS


Power to take possession of documents


18. (l) The Passport Officer or an immigration officer may take and retain possession of a Solomon Islands passport or a travel identity document if the officer is satisfied that -


(a) the passport or travel identity document has ceased to have effect; or


(b) the passport or travel identity document is a false document; or


(c) the passport or travel identity document has been used in the commission of an offence against this Act.


(2) The Passport Officer or an immigration officer may demand that a person surrender a passport or travel identity document to which subsection (1) applies.


(3) A person who refuses or fails to surrender a passport or travel identity document in accordance with a demand under subsection (2) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Misleading the Minister or Passport Officer


19. (1) A person must not, in relation to a matter material to the exercise of a function or power of the Minister or Passport Officer under this Act, give the Minister or Passport Officer -


(a) information that the person knows or has reasonable grounds to believe is false or misleading (including information that is misleading because of what it omits); or


(b) a document that the person knows or has reasonable grounds to suspect is a false document.


(2) A person who contravenes subsection (1)(a) or (b) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Obtaining a passport or travel identity document by threats or dishonesty


20. (1) A person must not use threats or dishonesty to obtain a Solomon Islands passport or travel identity document.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Forging or unlawfully altering a passport or travel identity document


21. (1) A person must not -


(a) make a false document that purports to be a Solomon Islands passport or travel identity document; or


(b) alter a Solomon Islands passport or travel identity document so that it becomes a false document.


(2) A person who contravenes subsection (1) (a) or (b) commits an offence and is liable on conviction to a fine not exceeding 10,000 penalty units or to imprisonment for a term not exceeding 12 months, or both.


Possessing, providing or using false document or another person's document


22. (1) A person must not possess, provide to another person or use a false document that purports to be a Solomon Islands passport or a travel identity document, if the person knows or has reasonable grounds to believe that the document is a false document.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


(3) A person must not possess a passport or travel identity document that is issued to another person without the consent of that person.


(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


(5) A person must not use a passport or travel identity document that is for another person or that has ceased to have effect,


(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a fine not exceeding 10,000 penalty units or to imprisonment for a term not exceeding 12 months, or both.


Giving, lending etc. person's passport or travel identity document


23. (1) A person must not give, lend, sell or otherwise part with possession of a passport or travel identity document that applies to the person if the person knows or has reasonable grounds to believe that the document may be used by a person to commit an offence under section 21 or 22.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Use of diplomatic or official passport


24. (1) The regulations may prescribe circumstances in which a diplomatic or official passport may be used.


(2) A person who holds a diplomatic or official passport


(a) commits an offence if the person uses the passport in circumstances that are not prescribed for the purposes of subsection (1); and


(b) is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Sale of passport or travel identity document


25. (1) A person must not sell or cause to be sold to another person a Solomon Islands passport or travel identity document.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 10,000 penalty units or to imprisonment for a term not exceeding 12 months, or both.


Damage or destruction of passport or travel identity document


26. (1) A person must not wilfully damage or destroy a Solomon Islands passport or travel identity document that is in effect.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 5,000 penalty units or to imprisonment for a term not exceeding 6 months, or both.


Notice of loss or theft of passport or travel identity document


27. (1) A person must notify the Passport Officer or an immigration officer as soon as practicable if the person's Solomon Islands passport or travel identity document is lost or stolen.


(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 2,000 penalty units.


Abuse of office


28. (1) The Passport Officer must not exercise any influence that the Officer has in his or her capacity as the Passport Officer under this Act, or take any action in relation to the Officer's duties under this Act, with the intention of -


(a) dishonestly obtaining a benefit for himself or herself or any other person; or


(b) dishonestly causing a detriment to another person.


(2) A person who contravenes subsection (1)(a) or (b) commits an offence and is liable on conviction to a fine not exceeding 10,000 penalty units or to imprisonment for a term not exceeding 12 months, or both.


PART 5 - MISCELLANEOUS


Regulations and approved forms


29. The Minister may make regulations that are necessary Regulations and or convenient for carrying out or giving effect to this Act, and in approved forms particular make regulations prescribing the following matters -


(a) matters required or permitted by this Act to be prescribed;


(b) fees in relation to applications for or the issuing of passports or travel identity documents (including replacement passports or travel identity documents);


(c) fees in relation to any services performed under this Act;


(d) exempt persons from the payment of prescribed fees;


(e) circumstances in which a passport may or must be surrendered to the Passport Officer and the duties of the Passport Officer in relation to surrendered passports;


(f) approved forms for the purposes of this Act.


Repeal, saving and transitional


30. (1) The Passports Act (Cap. 61) is repealed ("repealed Act").


(2) Any person who was a Passport Officer immediately before the commencement of this Act continues, on and from the commencement day, to be a Passport Officer as if that person had been appointed in accordance with this Act.


(3) A Solomon Islands passport issued under the repealed Act or a document issued under section 9 or 10 of the repealed Act that was in effect immediately before the commencement day -


(a) continues to be in effect on and after the commencement day, for the unexpired period of the passport or travel document, as if the passport or travel document had been issued under this Act; and


(b) is to be treated, for the purposes of this Act, as if it were a passport or travel document issued under this Act.


(4) The minister may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the repeal of the repealed Act and the commencement day.


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