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I went to apply for a renewal of my Australian Passport at a…

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I went to apply for...
I went to apply for a renewal of my Australian Passport at a Post Office and it was all fine until the staff member handed me back my current passport (still with 8.5 months on it) in pieces and said "There you go, that one has been cancelled for you". She had physically cancelled it by cutting it into pieces! I was like... WHAT DO YOU MEAN IT'S CANCELLED!?!?!? I needed to fly home to Indonesia the following day. NOWHERE on the application form does it mention your passport will immediately be cancelled upon application to renew. I'm out of pocket for almost $1,000 (new flight, priority passport processing, accommodation, new Indonesian visa etc) and almost had to sleep in a homeless shelter!! How can they legally cancel my passport without any warning? When I renew my drivers license, they don't cut it up and tell me I can't drive for a month until the new one is issued!
Submitted: 11 months ago.Category: Australia Law
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Answered in 5 minutes by:
8/2/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,703
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

When you apply for a new one that is what happens. They cut the bottom off and send it into the department with the new application.

Your old passport ceases to have effect and you will get a new one in the post.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

When you apply for a new one that is what happens. They cut the bottom off and send it into the department with the new application.

Your old passport ceases to have effect and you will get a new one in the post.

There is nothing that you can do about this. The law says that when you apply for a new passport your old passport ceases to exist it cannot be done any other way.

Yes they can legally cancel it had you advised them that you were travelling they would have told you to not apply for a new one and wait until your return

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Customer reply replied 11 months ago
Next time I'll remember to study Law for 6 years so I am aware of this. I actually told her I was flying home the next day, but that was incidental and she still followed normal motions/flawed procedure. Thanks anyway.
Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

She should not have done what she did or sent you to the Passport office to get a new passport on the spot.

I am sorry I could not give you anything more positive.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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