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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Passports (Transitionals and Consequentials) Bill
2004
No. ,
2004
(Foreign
Affairs)
A Bill for an Act to provide for
transitional and consequential matters relating to the enactment of the
Australian Passports Act 2004, and for related
purposes
Contents
Administrative Appeals Tribunal Act
1975 6
Australian Security Intelligence Organisation Act
1979 6
Crimes Act
1914 6
Criminal Code Act
1995 6
Migration Act
1958 6
Passports Act
1938 6
A Bill for an Act to provide for transitional and
consequential matters relating to the enactment of the Australian Passports
Act 2004, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Passports (Transitionals and
Consequentials) Act 2004.
(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. |
|
|
2. Part 2 |
At the same time as sections 3 to 58 of the Australian Passports
Act 2004 commence. |
|
|
3. Schedule 1 |
At the same time as sections 3 to 58 of the Australian Passports
Act 2004 commence. |
|
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.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
In this Act:
commencement day means the day on which sections 3 to 58
of the Australian Passports Act 2004 commence.
new Act means the Australian Passports Act
2004.
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.
(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.
(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.
(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.
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.
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.
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.
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.
Administrative Appeals
Tribunal Act 1975
1 Paragraph 21AA(5)(c)
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
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 2004”.
3 Paragraph 34JC(1)(a)
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
4 Section 35 (paragraph (c) of the
definition of prescribed administrative action)
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
5 Subsection 22(4)
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
6 Paragraph 104.7(1)(c) of the Criminal
Code
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
7 Subsection 5(1) (definition of Australian
passport)
Omit “Passports Act 1938”, substitute
“Australian Passports Act 2004”.
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 2004”.
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 2004 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 2004 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 2004 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 2004 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:
(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”.