Translating and Interpreting Services Act 2026

Administered by Department of Home Affairs

Legislation au C2026A00040 In force Act

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Translating and Interpreting Services Act 2026

No. 40, 2026

 

 

 

 

 

An Act to provide for translating and interpreting functions, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects

4 Simplified outline of this Act

5 Definitions

6 Extension to external Territories

7 Extra‑territorial application

Part 2—Functions

8 Functions

9 Fees

10 Executive power of the Commonwealth

Part 3—Miscellaneous

11 Pre‑existing arrangements

12 Delegation by Secretary

13 Rules

 

 

 

Translating and Interpreting Services Act 2026

No. 40, 2026

 

 

 

An Act to provide for translating and interpreting functions, and for related purposes

[Assented to 8 April 2026]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act is the Translating and Interpreting Services Act 2026.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

9 April 2026

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Objects

  The objects of this Act are:

 (a) to continue and expand the translating and interpreting service that was established by the Commonwealth after the Second World War to support Australia’s immigration program; and

 (b) to provide for translating and interpreting services to support government functions; and

 (c) to provide for translating and interpreting services to support equitable access to key services for people with limited English language proficiency; and

 (d) in coordination with the States and Territories, to provide services to address national translation and interpretation needs that would not otherwise be met.

4  Simplified outline of this Act

The Secretary has functions in relation to provision of translating and interpreting services for certain purposes.

The Secretary may charge fees for services provided under this Act.

5  Definitions

  In this Act:

rules means the rules made under section 13.

Secretary means the Secretary of the Department.

6  Extension to external Territories

  This Act extends to the external Territories.

7  Extra‑territorial application

  This Act extends to acts, omissions, matters and things outside Australia.

Part 2—Functions

 

8  Functions

 (1) The Secretary has the following functions:

 (a) to provide, or arrange for the provision of, translating and interpreting services to the Commonwealth or an agency, authority, body, organisation or office holder of the Commonwealth;

 (b) to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with the Commonwealth or an agency, authority, body, organisation or office holder of the Commonwealth;

 (c) to provide, or arrange for the provision of, translating and interpreting services to:

 (i) a State or a Territory; or

 (ii) an agency, authority, body, organisation or office holder of a State or a Territory;

  under an arrangement with the State or Territory;

 (d) to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with:

 (i) a State or a Territory; or

 (ii) an agency, authority, body, organisation or office holder of a State or a Territory;

  under an arrangement with the State or Territory;

 (e) to provide, or arrange for the provision of, translating and interpreting services by means of a telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution);

 (f) to provide, or arrange for the provision of, translating and interpreting services for the primary purpose of assisting the following persons:

 (i) aliens;

 (ii) persons who have migrated to Australia;

 (g) under arrangements with States and Territories, to provide, or arrange for the provision of, translating and interpreting services to address a national need that would not otherwise be met;

 (h) to develop, train and support translators and interpreters to provide services for the purposes of the above functions;

 (i) any other functions relating to translation and interpretation specified in the rules;

 (j) to do anything else that is incidental or conducive to the performance of any of the above functions.

 (2) Paragraphs (1)(a) to (j) do not limit each other.

 (3) Rules made for the purposes of paragraph (1)(i) must specify the legislative power or powers of the Parliament in respect of which the rules are made.

 (4) The functions of the Secretary under this Act may be performed within or outside Australia.

 (5) The Secretary has power to do all things necessary or convenient to be done for or in connection with the performance of the Secretary’s functions under this Act.

 (6) The Secretary’s powers include, but are not limited to, the following powers:

 (a) the power to make, enter into, vary and administer arrangements, contracts, agreements and deeds;

 (b) the power to engage contractors and consultants.

9  Fees

 (1) The Secretary may, on behalf of the Commonwealth, charge fees for services provided by the Secretary in performing the Secretary’s functions under this Act.

 (2) A fee must not be such as to amount to taxation.

 (3) A fee charged under subsection (1):

 (a) is a debt due to the Commonwealth; and

 (b) is recoverable by the Commonwealth in a court of competent jurisdiction.

10  Executive power of the Commonwealth

  This Part does not limit the executive power of the Commonwealth.

Part 3—Miscellaneous

 

11  Pre‑existing arrangements

Action before commencement of this section

 (1) This section applies if, at a time (the relevant time) before the commencement of this section:

 (a) the Commonwealth purported to make, vary or administer an arrangement for the purposes of, or for purposes incidental to:

 (i) providing, or arranging for the provision of, a relevant service; or

 (ii) developing, training or supporting translators or interpreters to provide a relevant service; and

 (b) the Commonwealth did not (apart from this section) have the power to make, vary or administer that arrangement.

 (2) The Commonwealth is taken to have had, at the relevant time, the power to make, vary or administer that arrangement.

Action after the commencement of this section

 (3) The powers conferred by subsection 8(5) include the power to vary or administer an arrangement made before the commencement of this section for the purposes of, or for purposes incidental to:

 (a) providing, or arranging for the provision of, a relevant service; or

 (b) developing, training or supporting translators or interpreters to provide a relevant service.

Arrangements with States and Territories

 (4) Paragraphs 8(1)(c), (d) and (g) apply in relation to an arrangement with a State or Territory made before, on or after the commencement of this section.

Definitions

 (5) In this section:

arrangement includes a contract, agreement or deed.

make, in relation to an arrangement, includes enter into.

relevant service means a service mentioned in any of paragraphs 8(1)(a) to (g).

12  Delegation by Secretary

 (1) The Secretary may, in writing, delegate all or any of the Secretary’s functions or powers under this Act to an SES employee, or an acting SES employee, in the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Directions to delegate

 (2) A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Secretary under subsection (3).

 (3) The Secretary may, in writing, give directions for the purposes of subsection (2).

13  Rules

 (1) The Minister may, by legislative instrument, make rules prescribing matters:

 (a) required or permitted by this Act to be prescribed by the rules; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) To avoid doubt, the rules may not do the following:

 (a) create an offence or civil penalty;

 (b) provide powers of:

 (i) arrest or detention; or

 (ii) entry, search or seizure;

 (c) impose a tax;

 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

 (e) directly amend the text of this Act.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 26 November 2025

Senate on 5 February 2026]

 

(110/25)

 

Overview

The Translating and Interpreting Services Act 2026 was enacted by the Parliament of Australia to formalise and expand the provision of translating and interpreting services across various sectors of Australian society. The Act seeks to continue and expand the service established post-World War II to support the nation's immigration program, while also providing for services that support government functions, ensure equitable access to key services for people with limited English language proficiency, and address national translation and interpretation needs in coordination with the States and Territories. The Act aims to streamline the provision of these services, ensuring they are accessible and effective for all Australians. The Secretary of the Department is tasked with performing functions related to these services, including charging fees for the services provided, subject to certain limitations to avoid taxation. This Act applies to the external Territories and has extra-territorial effects, ensuring comprehensive coverage of translation and interpreting needs both within and outside Australia.

Scope and Application

The Translating and Interpreting Services Act 2026 establishes the framework for the provision of translating and interpreting services across Australia, with specific provisions for the Commonwealth, states, territories, and external territories. The Act applies to the Secretary of the Department, who has a broad mandate to provide or arrange for the provision of translating and interpreting services to support various entities, including the Commonwealth, agencies, authorities, bodies, organisations, or office holders of the Commonwealth, states, or territories, as well as to facilitate communication by individuals with these entities. The services also extend to supporting equitable access to key services for people with limited English language proficiency, addressing national translation and interpretation needs in coordination with states and territories, and assisting aliens and migrants. The Secretary may charge fees for services provided, subject to the condition that the fees do not amount to taxation. The Act also allows for the development, training, and support of translators and interpreters, and permits the Secretary to perform these functions both within and outside Australia. The Minister has the authority to make rules that are necessary or convenient for the implementation of the Act, though these rules cannot create offences, provide powers of arrest or detention, impose taxes, or directly amend the Act itself. Additionally, the Act validates pre-existing arrangements made by the Commonwealth before its commencement, ensuring that any prior actions taken without explicit authority are now legally sanctioned. The Act’s provisions are applicable to the external territories of Australia and extend to acts, omissions, matters, and things outside Australia, reflecting its broad jurisdictional reach.

Key Provisions

The Translating and Interpreting Services Act 2026 (C2026A00040) sets out the functions, obligations, and rules concerning the provision of translating and interpreting services in Australia. Section 8 outlines the primary functions of the Secretary of the Department, which include providing or arranging for the provision of translating and interpreting services to the Commonwealth, its agencies, authorities, bodies, organisations, or office holders, as well as to the States and Territories. These services are intended to facilitate communication with the Commonwealth, support government functions, assist individuals with limited English proficiency, and address national needs that would otherwise go unmet. Additionally, the Secretary is tasked with developing, training, and supporting translators and interpreters to carry out these functions. The Secretary has the authority to charge fees for these services, as specified in Section 9, though it is stipulated that these fees must not amount to taxation. Section 10 clarifies that this Act does not limit the executive power of the Commonwealth. The Act imposes several obligations on the parties it governs. The Secretary, as outlined in Section 8, is responsible for the comprehensive provision of translating and interpreting services across various governmental levels and for facilitating communication in line with the Act's objectives. The Secretary is also empowered to make, enter into, vary, and administer arrangements, contracts, agreements, and deeds necessary for fulfilling these functions, as well as to engage contractors and consultants. Furthermore, Section 12 allows the Secretary to delegate their functions or powers to Senior Executive Service (SES) employees or acting SES employees in the Department, subject to written directions from the Secretary. The Minister, under Section 13, has the authority to make rules that are required or necessary for the implementation of this Act, although these rules cannot create offences, provide powers of arrest or detention, impose taxes, or directly amend the text of the Act. Breaches of this Act may lead to various consequences, though the specific offences, penalties, and consequences are not detailed within the provided text. Generally, failure to comply with the provisions of this Act could result in civil or administrative penalties, depending on the nature and severity of the breach. For instance, charging fees that amount to taxation could lead to legal challenges and potential sanctions. Additionally, any misuse of the Secretary’s powers or failure to adhere to the rules made under Section 13 could result in corrective actions or disciplinary measures against the responsible parties. The Act does not specify maximum penalties, but they would typically be determined by the relevant laws and regulations governing administrative and civil enforcement.

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Area of Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Fees
Delegation by Secretary

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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.