Passports Legislation Amendment (Integrity) Act 2015 (122 of 2015)

Schedule 1   Amendments

Part 1   Main amendments

Foreign Passports (Law Enforcement and Security) Act 2005

65   Subsection 15(2) (definition of competent authority)

Repeal the definition, substitute:

competent authority , in relation to a circumstance mentioned in subsection (1), means:

(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

(b) 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

(c) an employee of the Commonwealth who is specified in a Minister's determination as a competent authority in relation to the circumstance; or

(d) a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is specified in a Minister's determination as a competent authority in relation to the circumstance; or

(e) a person who has responsibility for, or powers, duties or functions in relation to, the circumstance under a law of the Commonwealth, a State or Territory (other than a person who is specified in a Minister's determination as not being a competent authority in relation to the circumstance); or

(f) any person specified in a Minister's determination as a competent authority in relation to the circumstance.

Note 1: The Vienna Convention on Diplomatic Relations is in Australian Treaty Series 1968 No. 3 ([1968] ATS 3) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 2: The Vienna Convention on Consular Relations is in Australian Treaty Series 1973 No. 7 ([1973] ATS 7) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).