-
Traveling in Australia under an assumed name
Taking domestic flights in Australia with a variant gender identity doesn’t push up against the borders of acceptance. Indeed the cabin crew seem to behave as if they’ve seen it all before; which they probably have, as many trans girls are giving it a try.
The temptation might be there to book your tickets in a female name – but recent publicity about the prosecution of someone traveling under a false name prompted me to check on the relevant law.
Division 3B of Part IAA of the Crimes Act was added late in 2012 to address “False identity and air travel “
http://www.austlii.edu.au/au/legis/cth/num_act/cladicaoma2012748/sch2.html
Under the law you can be prosecuted for flying, or intending to fly under a false name.
You don’t have to be a likely terrorist to fall foul of this legislation. The first prosecution, in 2013, was a Queensland man who was charged with the following offenses:
a) Taking a flight using an air passenger ticket in a false name – an offence under Section 376.4(2) Criminal Code Act 1995.
b) Using false information to obtain an air passenger ticket – an offence under Section 376.3(1) Criminal Code Act 1995. -
6 Replies
-
Depending on your circumstances, the probabilities of being charged under such legislation can be usurped by (a) carrying a Stat. Dec declaring that your (male) identity AND your (female) identity are one in the same, and / or (b) a birth cert identifying your female identity as a registered alias.
Both forms of identity are legitimate Australian Federal Government legally recognised documents; complete with appropriate penalties for misuse, including imprisionment.Happy travels
Catherine -
Adrian wrote:Under the law you can be prosecuted for flying, or intending to fly under a false name.
a) Taking a flight using an air passenger ticket in a false name – an offence under Section 376.4(2) Criminal Code Act 1995.
b) Using false information to obtain an air passenger ticket – an offence under Section 376.3(1) Criminal Code Act 1995.I just thought, after reading this, would they have to prove there was a crime being attempted? In the case of a ticket being purchased money being exchanged what is their crime? Hardly fraud. Obviously there are security issues these days but what was it like before 9/11?
I was told by an air crew person once that proper ID and remaining in the assigned seat was helpful when identifying bodies in the event of a crash. How cheery is that information?
Acquaintances in the U.S. who regularly travel interstate while en femme seem to do so with no problem.
One last thing, does this affect travelling on the ferry to Tasmania. Would there be an issue? I always fancied taking my lil 4WD over for a week. I rather like the idea of Claire driving on, spending the night in the lounge and driving off the next morning. Of course this was with the old ferry, the ‘block of flats’. I don’t know if the new ones have lounges. -
ClaireStafford wrote:I just thought, after reading this, would they have to prove there was a crime being attempted? In the case of a ticket being purchased money being exchanged what is their crime?The crime is that your have either purchased an airline ticket or traveled under an assumed name. The convictions to date under the act are just that, no other crime involved. To many of us who frequently use an assumed name it might not seem a crime, but I thought I’d make everyone aware that in the context of air travel it is.
Quote:Acquaintances in the U.S. who regularly travel interstate while en femme seem to do so with no problem.We do it here all the time. It is the name you use that matters. As you need to show photo ID to get on a plane in the US I very much doubt your acquaintances are doing it in a non-legal name.
Quote:does this affect travelling on the ferry to TasmaniaAs to ferries – the act states specifically “False identity and air travel” – so unless it is a hovercraft you are OK!!
-
It seems extraordinarily complex. But good news for Tasmania. They can be prepared for increased custom via ferry, unless it already happens of course.
-
ClaireStafford wrote:Acquaintances in the U.S. who regularly travel interstate while en femme seem to do so with no problem.
Things certainly aren’t easier in the US.
Quote:In 2009, the TSA implemented the Secure Flight program to strengthen the security of commercial air travel into, out of, and within the United States through the use of “watch list” matching.Secure Flight requires consumers to provide the airline with their name, date of birth, and gender exactly as they appear on government-issued identity documents when booking flights. The airline then passes on this information to the TSA, which compares these data against the watch lists maintained by the FBI and confirms the passenger is not on any of the lists before allowing a boarding pass to be issued [4]. To pass through airport security, individuals must present an identity document that exactly matches the information already given to the airline and TSA.
-
Adrian wrote:ClaireStafford wrote:Acquaintances in the U.S. who regularly travel interstate while en femme seem to do so with no problem.
Things certainly aren’t easier in the US.
Quote:In 2009, the TSA implemented the Secure Flight program to strengthen the security of commercial air travel into, out of, and within the United States through the use of “watch list” matching.I only refer to information received by acquaintances who travel there.
