Australian Civil Liberties Union
Your Rights 2005
Chapter 14
RIGHTS OF TRAVELLERS
Travelling overseas. Passports.Visas. Dual Nationality. Insurance. Health Returning to Australia. Customs. Deportation. Citizenship.
This
chapter provides advice to Australian citizens and permanent residents of
Australia
travelling overseas and resuming toAustralia, and to tourists entering
Australia. The
advice is based on pamphlets put out by various Federal Government departments
and
agencies such as Hints for Australian Travellers.
LEAVING
AUSTRALIA AND TRAVELLING OVERSEAS
Passports.
If
you are an Australian citizen and you wish to travel overseas, you should
obtain a passport from a Post Office or the Australian Passport Office of the
Department
of Foreign Affairs. To obtain a passport, you will need to pay the sum of
$150
provide evidence of Australian citizenship such as a Certificate of Citizenship
or a Birth
Certificate, an application form duly completed certified by a person who has
known
you for a period of at least a year and who is not a member of your family, and
provide
two identical photographs recently taken, one of which should be signed by the
person
who signed the application form. Children under the age of 18 years require
their own
passport and will need to get the consent of both parents to obtain a passport
and produce
a Birth Certificate showing the names of both parents. People who are married
do
not need to obtain their spouse’s agreement to obtain a passport unless both
spouses apply
for a passport at the same time. Once a passport is issued, it is valid for a
period of ten
years and cannot be renewed. After ten years has elapsed the passport must be
replaced
completely and the relevant fee paid again.
You need your passport to identify yourself on entering or leaving countries, as well as for a variety of other purposes including checking into hotels or camping sites, and cashing travellers cheques. Keep your passport safe at all times. Fill in page 3 of the passport: the details of who is to be notified in case of an emergency. Read the notes in your passport. Do not alter your passport in any way as the Passports Act provides a penalty for such an offence. As your passport remains the property of the Australian Government it must not be used as security for a private debt. You should not let it out of your possession unless you are sure it is the normal practice in a particular place to hand it over temporarily for official purposes (for example, during a cruise ship’s stay in port, or at hotels or camping sites to comply with local laws). Record the number of your passport. If your passport is lost or stolen, report it at once to the nearest police station and obtain a report of loss, and then provide a copy of the report to the nearest Australian Consul. A replacement passport may be issued only after the Consul is satisfied with your explanation of the loss and with the details contained in the police report. Delay in theissue of a replacement passport can be reduced if you are able to produce the same documentary evidence of your Australian citizenship and proof of your identity as you provided to obtain the passport you lost. Keep your passport and other forms of identification in separate places to reduce the possibility of losing them both at once. Check that your passport will be valid for at least six months beyond the period you plan to be travelling because a number of countries will not issue visas in passports which expire within six months of the date of intended entry to those countries.
Airport
tax. In many
countries an airport tax is payable on departure from international airports.
Ensure that
you have enough local or readily convertible money to pay it or you may not be
able to
leave on the planned flight. The Australian departure tax is
$38.
Visas. A visa is a stamp, or sometimes a loose leaf document, placed in your passport by an official of another country to help you obtain approval for entry to that country when you arrive there. Some countries will admit you for tourist purposes for short periods without a visa provided you have a valid Australian passport. For most Western European countries visas for tourists are not required. Visas are not required for tours to Western European countries. Before leaving for any country check whether you need a visa. You cannot obtain employment in most countries unless you have a work permit.
Permits
can usually only be issued to you before you arrive in the country. When you
enter
another country your passport will normally be stamped with an entry permit
allowing
you to remain there for a limited period. Make sure you check how long you can
stay.
If you want to remain longer you will need to obtain an extension of the entry
permit before
it expires. Your Consul can tell you where you should apply, but cannot stop
local authorities
taking action against you if you overstay. In some countries you will have to
pay
a fine if you stay longer than the time allowed and you could be imprisoned if
the period
of the overstay is excessive or if you cannot pay your fine on the spot. A South
African
or Israeli visa in your passport may cause some countries to refuse you
entry.
Nationality. Each country is free to determine who it will regard as its citizens and under what conditions its citizenship can be acquired or lost. Citizenship laws are often complex and they can be quite different from Australian laws. In many countries, for example, citizenship is not considered to be lost simply because a person has acquired Australian citizenship. The laws of some countries require people who wish to renounce their citizenship to make formal written applications to do so.
Because
of such laws manyAustralian citizens are also citizens of other countries and,
therefore,
possess what is internationally referred to as ’dual nationality’. Australian
citizens
who hold another citizenship or nationality are likely to be those who were not
born
in Australia; were born in Australia but had one or both parents or grandparents
who
were not born in Australia or are married to a person with another citizenship.
It is wise
to cheek whether you are a dual national before leavingAustralia and, if so,
whether you
are subject to particular laws or regulations when in the country of your other
citizenship,
such as liability for military service and for offences under its law committed
outside
that country. You could also be required to obtain an exit permit before being
allowed
to leave that country. Even if you do not accept the claim of another country
that you
are its citizen the authorities there may treat you as one. If you possess the
nationality of
an east European country you should know that some of those countries have
mutual extradition
agreements under which a visitor may be arrested in one country and transported
to another (of which he or she is considered a citizen to face outstanding
charges
(such as an earlier unauthorised departure from that country). If you are
treated as
a citizen of another country according to its citizenship laws your Australian
Consul may
not be able to help you while you are in that country.
Loss
of Australian citizenship. Australia
provides in its own citizenship law that an Australian
citizen, who is 18 years of age or over, who does an act or thing, the sole or
dominant
purpose of which is to acquire the citizenship of another country, ceases to be
an
Australian citizen from the date he or she becomes a citizen of that country. It
makes no
difference whether you are in Australia or overseas when you take the step which
leads
to acquisition of the other citizenship. If you marry a citizen of a foreign
country you
may, under the law of that country, automatically become a citizen of that
country. In those
cases,Australian citizenship is not lost. If, however, you marry a citizen of
another country
and apply to become a citizen of that country by registration, or in some other
way
you will cease to be an Australian citizen.
If you lose Australian citizenship as a result of acquiring another citizenship, you can apply to resume it. Anyone who loses Australian citizenship is no longer entitled to hold anAustralian passport. If you think you may acquire another nationality in some way, you should seek advice about the effect this would have on your Australian nationality from Australian authorities. Permanent residents of Australia who are not Australian citizens and who intend travelling overseas should obtain a Resident ReturnVisa for re-entry into Australia in their foreign passports before leaving Australia.
Health.
Overseas
travellers may need inoculation or vaccination to protect them in places
where serious communicable diseases are prevalent, as well as to guard against
the carriage
of these diseases into areas where they are not found. The Department of Health
can
tell you about the requirements of each country. Malaria is a serious health
risk in some
countries in Central America, Africa and Asia. If you plan to visit countries in
these areas
seek medical advice a month before you leave Australia on the use of
anti-malarial drugs.
Obtaining competent dental care in overseas countries may be difficult,
expensive and
time consuming and may disrupt your schedule. It is strongly recommended that
you visit
your dentist before departure. If you require regular medical treatment or are
taking prescribed
medication, consult your doctor before travelling. You may need to carry an
adequate
supply of essential medication. If so, be sure to carry a doctor’s certificate,
prescription
or letter relating to any drugs which you are using.
Health insurance. When you visit other countries, the risk that you will have an accident or fall ill increases considerably because of such things as unfamiliar traffic behaviour, endemic diseases, low safety standards, crime rates, unfamiliar diet, and impure food and drinking water. Medicare covers benefits for scheduled medical services incurred outside Australia but only according to Australian scheduled fees—overseas charges are often considerably higher. The excess may be covered by taking out insurance with a registered private health benefits fund, subject to waiting periods and pre-existing condition provision. Medicare provides no cover for charges raised by hospitals for treatment overseas. If you need hospital treatment and you have not taken out additional health insurance cover tailored to your travel needs expenses can be very high indeed. Hospital accounts of between $10 000 and $30 000 are common in many countries.
Private health insurance. Contributors to registered private health benefits funds should personally check their entitlements to overseas hospital cover and note that expenses incurred overseas may only be reimbursed at the Australian insured rate (overseas charges may be considerably higher) you may have to pay all overseas medical and hospital fees in the first instance and claim reimbursement at a later date; and you may not be covered for a pre-existing condition. Some hospitals overseas won’t admit you if you don’t have adequate health insurance or can’t demonstrate to their satisfaction that you can pay.
Your
travel agent should be able to advise you on comprehensive travel
insurance
for most contingencies related to overseas travel. It is not expensive and may
save
you and your family from financial trauma. If
you wear glasses carry a spare pair as well
as prescription for the lens. If you are travelling without a relative or friend
and you become
disabled by a serious illness or injury requiring your hospitalisation, advise
the nearest
Australian Consul who can provide guidance and will arrange, if necessary, to
contact
relatives or friends on your behalf, for funds, medicines, tickets or other
needs.
Travel
arrangements and insurance. Additional
Insurance. Ensure that you reconfirm your
onward booking and return travel arrangements as soon as possible after your
arrival.
This is particularly necessary when travelling during traditional holiday
periods. Arrange
adequate insurance to cover such things as accidents, additional costs
associated with
delayed flights, change of itinerary, loss of deposit, loss of baggage, loss of
money, etc. Vehicle
insurance. It is foolish to drive a vehicle without adequate insurance cover and
to do
so could cause financial distress. Some countries, e.g. in Europe, require
visitors in private
vehicles to have international insurance in addition to normal comprehensive
cover.
Drivers licenses. While travelling overseas you may find it useful to carry an
International
Driving Permit which can be obtained from the relevant automobile club in
your
State.Australian missions abroad do not issue or renew Australian drivers
licences or
International Driving Permits.
Money. Travellers cheques and international credit cards are usually the safest means of carrying money.Your bank or travel agent should be able to tell you the best type and currency for your area of travel. International credit cards are generally, but not universally accepted. Some travellers have encountered difficulties with particular credit cards in particular countries and there could be an advantage in carrying more than one credit card. In many countries, it is not possible to change Australian dollar travellers cheques and your Consul cannot do it for you. It is advisable to travel with other hard currency travellers cheques drawn on international banks You should check with your bank to ensure that, if lost, your travellers cheques will be replaced promptly. It is important that you keep records of your travellers cheques, i.e. number and amounts issued and spent, separate from the cheques, as they will be imperative in arranging the replacement of lost cheques. There is no limit on amounts that may be taken out of Australia for your travelling expenses but Australian Government regulations prohibit taking out of Australia more than $5000 per person in actual Australian currency notes and coins. It is often helpful to buy small amounts of foreign currency before departure so that you have cash for buses, taxis, phone calls, tips and airport tax on arrival in another country. Exchange rates in hotels or other commercial establishments are generally reliable but are usually slightly less favourable than those available in banks or official exchange bureaus. If you lose your money and valuables or they are stolen you should inform the local police. In an emergency, you can arrange (if necessary by telegram or telephone) for funds to be remitted to you by your bank or by friends through a bank. Your Consul cannot pay your debts but may be able to advance a small loan to help you out.
Mail,
Pensions and Voting. Mail.
Many post offices throughout the world provide a service
for travellers who do not have a fixed address to which mail can be sent. If you
want
mail sent to you in other countries you can have it addressed to you care of
“Poste Restante”
in the city you intend to visit and may then collect it from the main post
office in
that city. Poste Restante offices usually hold mail only for one month and you
will normally
have to show your passport to be able to collect it. There are also commercial
businesses,
banks and credit card offices which may accept mail for
you.
Pensions.
Before
leaving Australia, pensioners should check with the appropriate Department-Social
Security, Veterans’ Affairs-about entitlements and payments while overseas.
Pensioner entitlements to free medical and other treatment apply only within
Australia.
Overseas, you are responsible for the settlement of all your
accounts.
Eligible
ex-servicemen may consult the Department of Veterans’ Affairs about payment
for
necessary medical or surgical treatment of their accepted war related
disabilities.
Voting.
The
Australian Electoral Office in each State capital will explain how you apply
for
a postal vote if an election or referendum takes place while you are overseas.
Australian
missions abroad will tell you where and when postal vote applications can be
obtained.
Foreign laws/regulations/restrictions. Everyone visiting a foreign country is subject to the laws of that country. Be careful to obey all laws and regulations and take care with photographic restrictions in areas where there may be military equipment or installations. Beware of people offering to buy your possessions such as cameras, watches, clothing and jewellery. Such transactions may be in breach of local laws and may lead to severe penalties. You should not carry anything into or out of another country for other people, no matter how innocuous the item seems. You could unwittingly be carrying prohibited goods or drugs. When in other countries, remember that certain behaviour, dress, or expression of particular views,may be regarded as being discourteous or even a breach of the law and regulations of those countries. Take care to ensure that you don’t give offence.
Make
your journey more pleasant, rewarding and safe
by taking time before leaving Australia to find out about the customs, laws and
general
characteristics of those countries on your itinerary. For information on the
countries
you plan to visit, write to their embassies/consulates in Australia and ask your
travel
agent or local bank. Keep away from disturbances or riots even as an onlooker.
Situations
can change very quickly and you can get caught up in them in a number of
ways-some
dangerous.
If
there is civil unrest or a natural disaster in the area you are visiting, your
Consul will
advise you and help you. If there is an earthquake, flood, fire or other
situation which might
cause your relatives in Australia to worry about your safety, try to let them
know as
quickly as possible by telephone or telegram that you are safe, or if you cannot
arrange this,
let an Australian Consul know.
Mercenary
activities and involvement in activities against foreign countries
are
unacceptable
to authorities in many countries. It can lead to imprisonment or other
penalties
because it may be regarded as a hostile act against the country or against the
people
of that country. You should be careful about expressing opinion which may be
offensive
to the government or people of the country you are visiting.As far as Australia
is
concerned it is a criminal offence for an Australian to enter a foreign country
and engage
in hostile activity against the government of that country. It is also an
offence under
Australian law forAustralians to be recruited for service as mercenary soldiers
forforeign
agencies and governments.
Drugs. Many Australians mistakenly believe that other countries are less concerned about the use of prohibited drugs than Australia or that they might somehow be less vigilant about foreign travellers. Nothing could be further from the truth. Penalties for drug offences can be very severe and include death sentences, life imprisonment, and flogging. In many countries local laws make no distinction between soft and hard drugs and penalties can be equally severe for offences involving marijuana or alcohol. Narcotics agencies pass on details about drug offenders to authorities in other countries. Many foreign countries refuse entry to people who have been convicted of drug offences. Conditions in some countries’ prisons can be primitive and health and welfare facilities poor. There are countries where accused people are presumed guilty until they have proven their innocence.
Before
you take a chance with carrying or using any type of drug in
any quantity, think about these penalties and think about the suffering and
expense you
may cause your family and friends if you are caught. An
Australian Consul can’t intervene
in the process of other countries’ law enforcement and can’t get people out of
prison.
If you are arrested overseas you may ask to see your Consul who can give you a
list
of lawyers who are generally regarded by the consular community as being
reasonably competent
to assist you. The choice is yours as to which one you want to engage, or
whether
you want to find another one who is not on the Consul’s list. The Consul can’t
give
you legal advice and can’t pay your legal expenses, but he or she can arrange
for your relatives
or friends to be asked to send money and arrange other assistance if required.
The
Consul will try to ensure that you receive the benefit of the same laws and
means of redress
which the country gives its own citizens.
Further
travel hints.You
should keep a watchful eye on your personal belongings and avoid
carrying valuables. Many travellers have suffered theft and robbery during their
holidays.
There are increasing numbers of incidents of bag snatching and petty thieving,
which
are not just confined to popular tourist spots. Avoid wearing expensive
jewellery or
clothing which will draw attention to you. Leave a copy of your itinerary with
your relatives
or friends so that they have some idea of your whereabouts at all times in case
they
need to contact you. Tell your family inAustralia that if they experience
difficulty in contacting
you in a real emergency e.g. involving close family illness or death, they can
do so
through the Consular Section of the Department of Foreign Affairs and Trade in
Canberra
or its regional offices in capital cities. Before
leaving Australia consider putting your
legal affairs in order if you haven’t already done so.
ENTRY
INTO AUSTRALIA
People
entering Australia must be either an Australian citizen with an
Australian passport,
a New Zealand citizen with a New Zealand passport, a person with
migrant or permanent
residence status holding a permanent entry visa, or a tourist or person with
temporary
resident status holding
a visitor’s visa, a working holiday visa, a temporary residence
visa or a student’s visa. A student’s visa may be obtained by people wishing to
visitAustralia
for a brief period on business or for a holiday. The person seeking to enter
Australia
will need to produce a return ticket and indicate that he has sufficient funds
to remain
in Australia. A person with a visitor’s visa is not permitted to obtain
employment here.
A working holiday visa for a stay of up to one year may be obtained by
young people
from particular countries who wish to obtain employment here as well as enjoy a
holiday.Visitors
who wish to obtain employment in Australia, apart from people on brief
business
trips, should apply before arriving in Australia for a temporary residence
visa which
can be issued for a period of up to two years. If you are a dependent of someone
holding
a temporary residence visa, you will not normally be permitted to work in
Australia.
People wishing to enter Australia to settle here and eventually apply for
citizenship
should consult the Australian Consulate in their own country or the Australian
Department
of Immigration.
A
permanent entry visa is
given to people who are accepted by the Immigration Department
as immigrants.These persons have permanent residence status and can apply
for
citizenship in due course. People on other types of visas cannot easily change
their status
with a view to applying for permanent residence. People entering Australia who
are not
Australian or New Zealand citizens must also obtain an entry permit at the place
of entry
to Australia. In exceptional cases, an entry permit may be refused.
Australian citizens
cannot be refused admittance. The Department of Immigration may supply a reentry
visa
to any resident of Australia who is not an Australian citizen and who wants to
travel
overseas and then return to Australia. People coming intoAustralia either on a
visa or
an Australian passport will be checked by Customs Officials at the place they
arrive here
which will normally be an airport.
Bringing
In Goods. When
you arrive in Australia you will be given printed information
about goods on which Customs Duty is payable and goods which cannot be
brought
in at all-read the information carefully. Most personal possessions can be
brought into
Australia without paying Customs Duty. Customs Duty is payable on such items
such as
T.V. sets, etc. In the case of cigarettes and alcohol, small quantities can be
brought in without
paying duty. Some goods, plants, animals and food items cannot be brought in at
all
and must be surrendered to Customs Officials. The aim of this prohibition is to
keep Australia
free of disease prevalent in some overseas countries. If you are in any doubt as
to
whether a particular item is a prohibited import or is subject to Customs Duty
you should
declare the item so that a Customs Officer can decide whether the item can be
brought
in or not, or whether duty is payable.The penalties for breaching quarantine and
other
Customs regulations are very high.
Deportation proceedings may be instituted against various categories of people in Australia except Australian citizens. For instance the Minister for Immigration can order the deportation of immigrants with permanent residence visas who are convicted of crimes punishable by at least one year’s imprisonment within ten years of coming to Australia, and any visitors or residents who conduct themselves in such a way in Australia or overseas that leads the minister for Immigration to believe they should be deported.
The
Minister can also order the immediate deportation of people whose visa or entry
permit
has expired or has been cancelled, or people who have no entry permit in the
first place.
People who belong to an organization which advocates the overthrow of the
Government
by force of the destruction of property or killing of public officials, etc.,
who have
been in Australia for less than five years can also be
deported.
If
you are served with a deportation notice, it is advisable to get legal advice as
soon as possible
from
a solicitor or a legal aid office. In some cases you can give written notice
within
thirty days of receiving a deportation notification that you want your case to
be reviewed.
In some instances you may be able to appeal to the Administrative Appeal
Tribunal,
an Immigration Review Panel, or the Federal Ombudsman. M.R’s can often
help.
Reasons for deportation may be obtained under the new Freedom of Information
Act.
Citizenship.
People
who enter Australia as migrants may obtain Australian Citizenship
by naturalization. Australian Citizenship may be granted to people who
are of
good character and have a basic knowledge of English, an understanding of the
obligations
and rights of Citizenship, and who have lived here for a period of at least two
years.
Application Citizenship can be made to the Department of Immigration after 2
years’
residence and you will need to produce evidence of your present nationality
which can
be established by producing a passport. If your Application for Citizenship is
granted, you
must take an oath or affirmation of allegiance to Australia and will then be
granted a
Certificate of Citizenship. Some people are entitled to be both citizens
ofAustralia and citizens
of their country of birth. Such people may be liable for compulsory-military
service
in their country of birth if they return to that country. They may in some
instances carry
two passports. Most people become Australian citizens by reason of being born
in Australia.
Anyone
born in Australia automatically becomes an Australian citizen, provided
one of the parents is a permanent resident of Australia or is an Australian
citizen,
the only exception being children of the diplomatic or consular officials of
foreign countries.A
person may also be registered as anAustralian citizen if born overseas if one
of
their parents is an Australian. Children born overseas to Australian mothers who
are not
married can also be registered as Australian citizens. Overseas births should be
registered
at the relevantAustralian Consulate within five years. For further information
on
entering and leaving Australia contact the Department of
Immigration.
Australian Civil Liberties Union