PARLIAMENTARY SECRETARY

(FOREIGN AFFAIRS AND TRADE)

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 146

 

Passports Act 1938

 

Passports Repeal Regulations 2005

 

Section 11 of the Australian Passports (Transitionals and Consequentials) Act 2005 provides that the Governor-General may make regulations prescribing matters of a transitional nature arising out of the repeal of the Passports Act 1938 and the commencement of the Australian Passports Act 2005.

The Regulations provide for the repeal of the Passports Regulations 1939. The Passports Regulations 1939 prescribe matters required or permitted by the Passports Act 1938 to be prescribed, or necessary or convenient to be prescribed for carrying out our giving effect to the Passports Act 1938. The Australian Passport Determination 2005, made under the Australian Passports Act 2005, updates and modernises provisions in the Passports Regulations 1939, which are now redundant.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Notes on Regulations

Regulation 1 – Short Title

Regulation 1 provides that these are the Passports Repeal Regulations 2005.

Regulation 2 - Commencement

Regulation 2 provides that the proposed Regulations will commence at the same time as sections 3 to 58 of the Australian Passports Act 2005, which are proclaimed to commence on 1 July 2005.

The Australian Passports (Transitionals and Consequentials) Act 2005, Australian Passports (Applications Fees) Act 2005 and the Australian Passports Determination 2005 will also commence at this time.

Regulation 3 – Repeal of Passports Regulations 1939

Regulation 3 provides that the Passports Regulations 1939 are repealed.