Australian Passports (Transitionals and Consequentials) Act 2005

Administered by Department of Foreign Affairs and Trade

Legislation au C2005A00007 Not in force Act

Legislation content

 

 

 

 

 

 

Australian Passports (Transitionals and Consequentials) Act 2005

 

No. 7, 2005

 

 

 

 

 

An Act to provide for transitional and consequential matters relating to the enactment of the Australian Passports Act 2005, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Schedule(s)

Part 2—Transitional provisions

4 Definitions

5 Passports issued under the old Act are taken to have been issued under the new Act

6 Travel‑related documents issued under the old regulations are taken to have been issued under the new Act

7 Old Act continues to apply in relation to pending proceedings and other matters

8 Applications under the old Act

9 Applications under the old regulations

10 Review of decisions made under the old Act

11 Transitional regulations

Schedule 1—Consequential amendments

Administrative Appeals Tribunal Act 1975

Australian Security Intelligence Organisation Act 1979

Crimes Act 1914

Criminal Code Act 1995

Migration Act 1958

Passports Act 1938

 

 

 

Australian Passports (Transitionals and Consequentials) Act 2005

No. 7, 2005

 

 

 

An Act to provide for transitional and consequential matters relating to the enactment of the Australian Passports Act 2005, and for related purposes

[Assented to 18 February 2005]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Australian Passports (Transitionals and Consequentials) Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

18 February 2005

2.  Part 2

At the same time as sections 3 to 58 of the Australian Passports Act 2005 commence.

1 July 2005

3.  Schedule 1

At the same time as sections 3 to 58 of the Australian Passports Act 2005 commence.

1 July 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Part 2—Transitional provisions

 

4  Definitions

  In this Act:

commencement day means the day on which sections 3 to 58 of the Australian Passports Act 2005 commence.

new Act means the Australian Passports Act 2005.

old Act means the Passports Act 1938 as in force immediately before the commencement day.

old regulations means the Passports Regulations 1939 as in force immediately before the commencement day.

5  Passports issued under the old Act are taken to have been issued under the new Act

 (1) An Australian passport issued under the old Act is taken, on and from the commencement day, to be an Australian passport issued under the new Act.

 (2) The passport continues to be valid for the unexpired part of the term it would have had if the old regulations had not been repealed.

 (3) Subsection (2) does not prevent the Minister from cancelling the passport under the new Act.

6  Travel‑related documents issued under the old regulations are taken to have been issued under the new Act

 (1) A convention travel document, certificate of identity or document of identity issued under the old regulations is taken, on and from the commencement day, to be a travel‑related document (within the meaning of the new Act) issued under the new Act.

 (2) The document or certificate continues to have effect for the unexpired part of the period specified in the document or certificate.

 (3) Subsection (2) does not prevent the Minister from cancelling the document or certificate under the new Act.

7  Old Act continues to apply in relation to pending proceedings and other matters

 (1) To avoid doubt, except as expressly provided by sections 8, 9 and 10 or by regulations made under section 11, section 8 of the Acts Interpretation Act 1901 is to apply in relation to the repeal of Part 1A of the old Act.

 (2) If, on or after the commencement day, there are proceedings of the Administrative Appeals Tribunal to which paragraph 21AA(5)(c) of the Administrative Appeals Tribunal Act 1975 applies and which relate to the old Act, the amendment made by item 1 of Schedule 1 to this Act is, for the purposes of those proceedings, taken not to have been made.

8  Applications under the old Act

  If an application for an Australian passport made under the old Act has not been decided immediately before the commencement day, the application is, on and from the commencement day, taken to be an application for an Australian passport made under the new Act.

9  Applications under the old regulations

  If an application for a convention travel document, certificate of identity or document of identity made under the old regulations has not been decided immediately before the commencement day, the application is, on and from the commencement day, taken to be an application for a travel‑related document (within the meaning of the new Act) made under the new Act.

10  Review of decisions made under the old Act

  Section 11A of the old Act continues to apply in relation to a decision made under that Act, as if that section had not been repealed.

11  Transitional regulations

  The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the repeal of Part 1A of the old Act and the commencement of the new Act.

Schedule 1—Consequential amendments

 

Administrative Appeals Tribunal Act 1975

1  Paragraph 21AA(5)(c)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

Note: Subsection 7(2) of this Act may affect the operation of this amendment.

Australian Security Intelligence Organisation Act 1979

2  Paragraph 34JBA(1)(a)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

3  Paragraph 34JC(1)(a)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

4  Section 35 (paragraph (c) of the definition of prescribed administrative action)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

Crimes Act 1914

5  Subsection 22(4)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

Criminal Code Act 1995

6  Paragraph 104.7(1)(c) of the Criminal Code

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

Migration Act 1958

7  Subsection 5(1) (definition of Australian passport)

Omit “Passports Act 1938”, substitute “Australian Passports Act 2005”.

Passports Act 1938

8  Title

Repeal the title, substitute:

An Act relating to foreign passports and other foreign travel documents

9  Section 1

Omit “Passports Act 1938”, substitute “Foreign Passports (Law Enforcement and Security) Act 2005”.

10  Sections 3 and 4A

Repeal the sections.

11  Subsection 5(1) (definition of Administrator)

Repeal the definition.

12  Subsection 5(1) (definition of approved officer)

Repeal the definition.

13  Subsection 5(1) (definition of approved representative)

Repeal the definition.

14  Subsection 5(1) (definition of approved senior officer)

Repeal the definition.

15  Subsection 5(1) (definition of Australian citizen)

Repeal the definition.

16  Subsection 5(1) (definition of Australian passport)

Repeal the definition.

17  Subsection 5(1) (definition of authorized officer)

Repeal the definition.

18  Subsection 5(1) (definition of offence against this Act)

Repeal the definition.

19  Subsection 5(1) (definition of officer)

Repeal the definition.

20  Subsection 5(1) (definition of prescribed minor)

Repeal the definition.

21  Subsection 5(1) (definition of this Act)

Repeal the definition.

22  Subsections 5(2), (3) and (5)

Repeal the subsections.

23  Sections 6, 6AA, 6AB and 6A

Repeal the sections.

24  Part 1A

Repeal the Part.

25  Subsection 14(2) (paragraph (a) of the definition of competent authority)

Repeal the paragraph, substitute:

 (a) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or

 (aa) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or

26  Subsection 14(2) (at the end of the definition of competent authority)

Add:

Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.

Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.

27  Subsection 15(2) (subparagraph (b)(i) of the definition of competent authority)

Repeal the subparagraph, substitute:

 (i) a member of the diplomatic staff of an Australian mission, being a person who is a member of the diplomatic staff of the mission within the meaning of the Vienna Convention on Diplomatic Relations; or

 (ia) a consular officer of an Australian consulate, being a person who is a consular officer (but not an honorary consular officer) within the meaning of the Vienna Convention on Consular Relations; or

28  Subsection 15(2) (at the end of the definition of competent authority)

Add:

Note 1: The text of the Vienna Convention on Diplomatic Relations is set out in Australian Treaty Series 1968 No. 3. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.

Note 2: The text of the Vienna Convention on Consular Relations is set out in Australian Treaty Series 1973 No. 7. In 2005 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible on the Internet through that Department’s world‑wide web site.

29  After section 23

Add:

23A  Delegation of Minister’s power to order surrender of documents

 (1) The Minister may delegate to an SES employee the Minister’s power to make an order under subsection 16(1) in response to a request made under section 13.

 (2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

30  Paragraph 25(a)

Omit “this Part or by Part 2 or 3 of”.

31  Paragraph 25(b)

Omit “this Part or to Part 2 or 3 of”.

 

 [Minister’s second reading speech made in—

House of Representatives on 2 December 2004

Senate on 9 December 2004]

(230/04)

 

Overview

The Australian Passports (Transitionals and Consequentials) Act 2005 was enacted by the Parliament of Australia to address the transitional and consequential issues arising from the enactment of the Australian Passports Act 2005. The primary objective of this legislation is to ensure a smooth transition from the old Passports Act 1938 to the new Australian Passports Act 2005 by providing for the continuity of existing passport-related matters. This includes maintaining the validity of passports and travel-related documents issued under the old Act, ensuring the continuation of pending proceedings, and updating references to the new Act in various other legislative instruments. The Act also makes consequential amendments to several other Acts to reflect the changes brought about by the new Australian Passports Act 2005. The Australian Passports (Transitionals and Consequentials) Act 2005 provides for transitional provisions to ensure that passports, travel documents, and related applications made under the old Passports Act 1938 are recognised under the new Australian Passports Act 2005. It specifies that passports and travel-related documents issued under the old regime continue to be valid until their expiry dates. Additionally, the Act ensures that any pending applications or proceedings under the old Act are treated as if they were made under the new Act, thereby maintaining legal continuity. Furthermore, the Act amends other relevant Acts to update references from the old Passports Act 1938 to the new Australian Passports Act 2005, ensuring coherence and consistency across the legislative framework.

Scope and Application

The Australian Passports (Transitionals and Consequentials) Act 2005 applies to the transition from the Passports Act 1938 to the Australian Passports Act 2005, addressing the continuity of passports, travel-related documents, and pending proceedings during the transition period. The Act applies to persons and entities that were subject to the old Act and its regulations, as well as to documents and applications that were in process prior to the commencement of the new Act. The Act ensures that passports and travel documents issued under the old Act are considered valid under the new Act, with the caveat that the Minister retains the authority to cancel them. Additionally, the Act ensures that pending applications and proceedings under the old Act are treated as if they were made under the new Act, and that the old Act continues to apply to specific proceedings until explicitly altered by the new Act or regulations. This transitional Act has a national reach, as it pertains to the Commonwealth of Australia and the enactment of the Australian Passports Act 2005. The Act also includes consequential amendments to various other Acts to reflect the changes brought about by the new passport legislation. Any transitional regulations made under this Act can further prescribe matters necessary for the transition, such as saving or application provisions.

Key Provisions

The Australian Passports (Transitionals and Consequentials) Act 2005 provides the necessary transitional and consequential adjustments following the enactment of the Australian Passports Act 2005. This Act ensures that passports and travel-related documents issued under the old Passports Act 1938 remain valid and are treated as if they were issued under the new regime. For example, Section 5 states that passports issued under the old Act are taken to be valid under the new Act, with their validity extending for the unexpired period they would have had under the old regulations. Similarly, travel-related documents such as convention travel documents, certificates of identity, or documents of identity issued under the old regulations are also considered valid under the new Act (Section 6). The Act also outlines specific obligations and requirements for the entities and individuals involved in the issuance and management of passports and travel-related documents. It ensures that pending applications and proceedings under the old Act continue to be processed under the new Act, as outlined in Sections 8 and 9. Furthermore, Section 10 mandates that decisions made under the old Act can still be reviewed under the new legal framework. The Governor-General is also empowered to make transitional regulations to address any issues arising from the repeal of the old Act and the commencement of the new Act (Section 11). In terms of enforcement and compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, any breaches of the new Australian Passports Act 2005, which this transitional Act supports, would be subject to the penalties and consequences prescribed within that Act. This includes potential criminal penalties for offences related to passport fraud or misuse, as well as administrative penalties for non-compliance with passport regulations. Therefore, adherence to the transitional provisions and the new Act is critical to avoid potential legal repercussions.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Transitional Provisions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.