Passports Regulations (Amendment) (Cth)

Statutory Rules 1998No. 42 1

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Passports Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Passports Act 1938.

Dated 18 March 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

ALEXANDER DOWNER

Minister for Foreign Affairs

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1.   Amendment

1.1   The Passports Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2.   New regulation 12

2.1   After Regulation 11, insert:

Disclosure of information to New Zealand Customs Service

 “12.(1) The Minister may disclose to the Comptroller of the New Zealand Customs Service (‘NZCS’) information mentioned in subregulation (2) to allow NZCS to check any of the following documents (a ‘travel document’) to control passenger movement into New Zealand:

• (a)

  Australian passports;

• (b)

  convention travel documents issued under regulation 8;

• (c)

  certificates of identity issued under regulation 9;

• (d)

  documents of identity issued under regulation 10.

 “(2) The information is:

• (a)

  the travel document number; and

• (b)

  the citizenship of the holder of a travel document; and

• (c)

  the family name, given name and sex of the holder of a travel document; and

• (d)

  the date of birth of the holder of a travel document; and

• (e)

  whether a travel document has expired.

 “(3) However, the Minister must not give the information unless the Minister has entered into a memorandum of understanding with the Comptroller that:

• (a)

  deals with the security of information disclosed to NZCS; and

• (b)

  explains how the information will be disclosed; and

• (c)

  explains what information will be available to officers of NZCS; and

• (d)

  states that the information must be used only to check travel documents for the purpose mentioned in subregulation (1); and

• (e)

  states that NZCS must not disclose the information to another person or body; and

• (f)

  states that NZCS must return information about a type of travel document to the Minister if another body becomes responsible for checking the type of document to control passenger movement into New Zealand.

 “(4) If a body other than NZCS becomes responsible for checking a type of travel document to control passenger movement into New Zealand:

• (a)

  the Minister must not give NZCS any more information about the document; and

• (b)

  the Minister may give the information about the document to the person responsible for managing the other body if:

  • (i)

    the Minister has entered into a memorandum of understanding with the person; and

  • (ii)

    the memorandum of understanding has the effect described in subregulation (3).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 March 1998.

2. Statutory Rules 1939 No. 47 as amended by 1945 No. 183; 1948 No. 52; 1949 Nos. 7 and 41; 1952 No. 67; 1956 No. 45; 1966 No. 100; 1969 No. 80; 1974 No. 181; 1976 No. 68; 1979 No. 80; 1981 No. 245; 1983 No. 37; 1985 No. 277; 1986 Nos. 25 and 212; 1987 No. 217; 1988 No. 147; 1989 Nos. 39 and 133; 1990 No. 225; 1991 No. 204; 1992 Nos. 211 and 296; 1993 No. 157; 1994 No. 205; 1995 No. 182; 1996 Nos. 141 and 210; 1997 No. 180.