Local Laws

CRIMINAL PENALTIES: While you are traveling in Australia, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. In Australia, you may be taken in for questioning if you don’t have your passport with you. In some places, it is illegal to take pictures of certain buildings, such as inside certain areas of Australian airports, near prisons, and at military bases. If you break local laws in Australia, your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not where you are going. In Australia, driving under the influence could land you immediately in jail. If you violate Australian laws, even unknowingly, you may be expelled from the country, arrested, or imprisoned.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Arrest notifications in host country: While some countries will automatically notify the nearest U.S. embassy or consulate if a U.S. citizen is detained or arrested in that country, others may not. To ensure that the United States is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained overseas.

SPECIAL CIRCUMSTANCES:

Potential Health Screening: The 1908 Quarantine Law gives Australian authorities broad powers to prevent the entry of diseases and other materials into Australia that might pose a threat to its welfare. In the event of a public health emergency involving a communicable disease, passengers arriving in Australia may be subject to strict health screening measures, including testing, monitoring, and assessment for possible quarantine.

Customs: Australian customs authorities enforce very strict regulations concerning the importation from all countries of items such as agricultural and wood products, as well as very strict quarantine standards for other products, animals, and pets. These regulations also apply to items you bring with you, including small quantities of food such as fruit. Please contact the Embassy of Australia in Washington, D.C., or one of Australia's consulates in the United States for specific information regarding customs requirements, and visit the Australian Government's Department of Agriculture website for additional information.

Safety Concerns: Be aware that Australian fauna can be dangerous. From jellyfish off the Great Barrier Reef to crocodiles, sharks, poisonous insects, and snakes, the continent and its waters host wildlife that merit awe and respect in equal doses. Visit the Wet Tropics Management Authority visitor information guide for information on Australian wildlife and marine life. While swimming, take important safety precautions, such as swimming only between the flags where a lifeguard is present, and never swimming alone. Scuba diving can be a treacherous sport. Over the past few years, there have been numerous deaths related to diving incidents. We urge divers to follow recommended precautions and never dive alone.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS: There are no legal restrictions on same-sex sexual relations or the organization of Lesbian, Gay, Bisexual and Transgender (LGBT) events in Australia. Australian federal law prohibits discrimination based on sexual orientation. While same-sex marriage has not been legalized in Australia, same-sex unions are recognized as de facto unions and are afforded many of the same legal protections and rights as opposite-sex couples. Australia grants temporary and permanent visas to same-sex partners of Australian citizens. For more detailed information about LGBT rights in Australia, you may review the State Department’s Country Reports on Human Rights Practices. For further information on LGBT travel, please read our LGBT Travel Information page.

ACCESSIBILITY: While in Australia, individuals with disabilities may find accessibility and accommodation very different from what you find in the United States. Australia has and enforces laws prohibiting discrimination for access of premises, facilities, and accommodation; however, please keep in mind that many of the downtown areas of Australian cities were built in the 1800s. These cities often have narrow sidewalks crowded with pedestrians and tourists. Also, many of the tourist spots at the beach or in the outback may have varying degrees of accessibility. Generally, most public transit means, parking, streets, and buildings are accessible to disabled travelers. Modern accessibility improvements include ramps, tactile indicators, and audible street crossing indicators. Many websites offer information on accessible hotels, motels, and rental properties. Parks, gardens, stadiums and other public venues often share accessibility information on their websites.