Australian Passports (Transitionals and Consequentials) Act 2005

(7 of 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:

[Minister's second reading speech made in - House of Representatives on 2 December 2004, Senate on 9 December 2004]

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.
2. Part 2	At the same time as sections 3 to 58 of the Australian Passports Act 2005 commence.
3. Schedule 1	At the same time as sections 3 to 58 of the Australian Passports Act 2005 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.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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