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Australian Passports (Transitionals and Consequentials) Bill 2005
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”.