Foreign Passports Determination 2005 (Cth)

Foreign Passports Determination 2005

as amended

made under section 24 of the

Foreign Passports (Law Enforcement and Security) Act 2005

This compilation was prepared on 4 April 2007
taking into account amendments up to Foreign Passports Amendment Determination 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement [see Note 1]   3

3Definition   3

4Competent authorities — Australian law enforcement matters                  3

5Competent authorities — international law enforcement cooperation         3

6Reasons relating to potential for harmful conduct   3

7Competent authorities — potential for harmful conduct   4

Notes 5

1. Name of Determination [see Note 1]

This Determination is the Foreign Passports Determination 2005.

1. Commencement [see Note 1]

This Determination commences on the day after it is registered.

1. Definition

In this Determination:

Foreign Passports Act means the Foreign Passports (Law Enforcement and Security) Act 2005.

Note   This Determination was originally made under the Passports Act 1938.  The Australian Passports (Transitionals and Consequentials) Act 2005 amended the title of that Act to the Foreign Passports (Law Enforcement and Security) Act 2005, with effect from the commencement of sections 3 to 58 of the Australian Passports Act 2005.

1. Competent authorities — Australian law enforcement matters

For paragraph (b) of the definition of competent authority in subsection 13 (2) of the Foreign Passports Act, the following persons are specified:

(a)    the Attorney‑General;

(b)    the Secretary of the Attorney‑General’s Department;

(c)    SES employees in the Attorney‑General’s Department.

1. Competent authorities — international law enforcement cooperation

(1)   For paragraph (b) of the definition of competent authority in subsection 14 (2) of the Foreign Passports Act, the following persons are specified:

(a)    the Secretary of the Attorney‑General’s Department;

(b)    SES employees in the Attorney‑General’s Department.

(2)   For paragraph (c) of the definition of competent authority in subsection 14 (2) of the Foreign Passports Act, the Australian Federal Police is specified.

1. Reasons relating to potential for harmful conduct

For subparagraph 15 (1) (a) (v) of the Foreign Passports Act, the offences mentioned in Schedule 1 to the Australian Passports Determination 2005, as in force from time to time, are specified.

1. Competent authorities — potential for harmful conduct

(1)   For subparagraph (b) (ii) of the definition of competent authority in subsection 15 (2) of the Foreign Passports Act, the following persons are specified:

(a)    the Secretary of the Attorney‑General’s Department;

(b)    SES employees in the Attorney‑General’s Department.

(2)   For subparagraph (b) (iii) of the definition of competent authority in subsection 15 (2) of the Foreign Passports Act, the following agencies are specified:

(a)    the Australian Customs Service;

(b)    the Australian Federal Police;

(c)    in relation to conduct of the kind mentioned in subparagraph 15 (1) (a) (i) of the Foreign Passports Act — the Australian Security Intelligence Organisation.

Notes to the Foreign Passports Determination 2005

Note 1

The Foreign Passports Determination 2005 (in force under section 24 of the Foreign Passports (Law Enforcement and Security) Act 2005) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Foreign Passports Determination 2005	16 June 2005 (see F2005L01510)	17 June 2005
Foreign Passports Amendment Determination 2005 (No. 1)	16 June 2005 (see F2005L01512)	1 July 2005 (see r. 2 )	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	rs. 2005 No. 1