EXPLANATORY STATEMENT
Australian Passports Act 2005
Proclamation
Subsection 2(1) of the Australian Passports Act 2005 (the Act) provides that sections 3 to 58 of the Act commence on a day to be fixed by proclamation. However, if any of the provisions do not commence within nine months of the date on which the Act receives the Royal Assent, then those provisions commence on the first day after the end of that nine month period. The Act received the Royal Assent on 18 February 2005.
The purpose of the Proclamation is to fix 1 July 2005 as the day on which sections 3 to 58 of the Act commence.
The purpose of the Act is to introduce a modern legal structure to maintain access by Australian citizens to passports of the highest integrity; to ensure the passports system complements national security, border protection, law enforcement measures and international law enforcement co-operation; and to ensure consistency with family law, privacy and administrative law and principles.
Sections 3 to 58 of the Act introduce the following new elements of Australian passport law and policy:
- a clear statement of the entitlement of an Australian to a passport;
- penalties for passport fraud increased to 10 years’ imprisonment, or $110,000;
- a framework for the use of technology in passports;
- the mechanism for refusal/cancellation of a passport on law enforcement grounds or if a person is likely to engage in harmful conduct will be improved;
- measures to minimise the problems caused by lost and stolen passports;
- the exceptions to the requirement for either both parents’ consent or a court order for a child to travel internationally will make clear that disputes between parents should be dealt with by the courts; and
- privacy-related measures regulating the collection and disclosure of passport information.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.