Australian Passports Amendment Determination 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L00440

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Australian Passports Amendment Determination 2013 (No. 1)
I, Bob Carr, Minister for Foreign Affairs, make the following determination under section 57 of the Australian Passports Act 2005.
Dated:  6 March 2013
Bob Carr
Minister for Foreign Affairs
 
  
  
Contents
1             Name of determination                                                                                                   1
2             Commencement                                                                                                              1
3             Authority                                                                                                                        1
4             Schedule(s)                                                                                                                     1
Schedule 1—Amendments                                                                                                                          2
Australian Passports Determination 2005                                                                                       2
 
1  Name of determination
                   This determination is the Australian Passports Amendment Determination 2013 (No. 1).
2  Commencement
                   This determination commences on the day after it is registered.
3  Authority
                   This determination is made under section 57 of the Australian Passports Act 2005.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Australian Passports Determination 2005
1  Section 1.3
Insert:
de facto partner has the meaning given by section 2D of the Acts Interpretation Act 1901.
de facto relationship has the meaning given by section 2F of the Acts Interpretation Act 1901.
registered relationship has the meaning given by section 2E of the Acts Interpretation Act 1901.
2  Subsection 2.1(2)
Repeal the subsection, substitute:
             (2)  Subsection (1) does not apply if the Minister has been provided with court documents demonstrating that there are proceedings before a Commonwealth, State or Territory court that may affect:
                     (a)  the rights of the child to travel internationally; or
                     (b)  who has parental responsibility for the child.
Note:          For the purposes of section 11 of the Australian Passports Act, parental responsibility has the meaning given by subsection 11(5) of the Australian Passports Act.
3  Paragraph 2.1(3)(e)
Repeal the paragraph.
4  Subsection 2.1(4)
Omit “Part VII of”.
5  Section 4.2
Omit “dependent”, substitute “dependant”.
6  Paragraph 5.1(2)(d)
Repeal the paragraph, substitute:
                     (d)  for a passport issued to a person whose travel documents have been lost or stolen at least 3 times in the 5 years immediately before the date of applying for the passport—5 years;
7  Paragraph 5.1(2)(e)
Omit “mentioned in paragraph 4.1(a)”, substitute “in a circumstance mentioned in section 4.1”.
8  Paragraph 5.1(2)(j)
Repeal the paragraph, substitute:
                      (j)  for a replacement passport issued to reflect a change of name, for which the fee is waived under paragraph 8.2(b)—the period ending when the passport being replaced would otherwise have ceased to be valid;
9  Paragraph 8.2(b)
Repeal the paragraph, substitute:
                     (b)  the fee is for an application for a replacement passport to a person if:
                              (i)  the person’s name has changed because of any of the following events:
                                        (A)  the person has married or divorced;
                                        (B)  the person has entered or ceased to be in a registered relationship;
                                        (C)  the person has entered or ceased to be in a de facto relationship;
                                        (D)  the person’s spouse, partner in a registered relationship or partner in a de facto relationship has died;
                                         (E)  the person is transitioning to another gender; and
                             (ii)  at the time the person applied for the replacement passport, the person held a current passport valid for at least another 2 years;
10  After paragraph 8.2(i)
Insert:
                    (ia)  all of the following apply:
                              (i)  the fee is of a kind mentioned in item 4.2 of Schedule 4;
                             (ii)  the travel document recorded by the Department as lost or stolen is found;
                            (iii)  an application for a replacement travel document is made within 3 months after the date when the found travel document was recorded by the Department as lost or stolen;
                            (iv)  the found travel document is returned to the Department or an Australian diplomatic mission or consulate with the application;
11  Subsection 8.3(3)
Repeal the subsection, substitute:
             (3)  In paragraph (2)(b):
compassionate grounds includes:
                     (a)  the need to travel because of the death or serious illness of the applicant’s spouse, de facto partner, father, mother, son, daughter, brother, sister, father‑in‑law or mother‑in‑law; and
                     (b)  the need to travel with a person who:
                              (i)  needs to travel because of a circumstance mentioned in paragraph (a); and
                             (ii)  is the primary carer of the applicant.
12  Subsection 9.1(2)
Repeal the subsection, substitute:
             (2)  If, after a person’s previous travel document was issued, the person has divorced or ceased to be in a registered relationship, or the person’s spouse or partner in a registered relationship has died, the person may use a name that the person had used before the person married or entered the registered relationship if:
                     (a)  the name:
                              (i)  is registered in Australia; or
                             (ii)  is stated on an Australian citizenship certificate; and
                     (b)  the name has not been replaced with another name that:
                              (i)  has been registered for the person in Australia; or
                             (ii)  is stated on an Australian citizenship certificate.
          (2A)  A person may use the name stated in an Australian travel document if:
                     (a)  the document is the most recent Australian travel document issued to the person; and
                     (b)  the document was issued on or after 20 August 1986; and
                     (c)  the document had a period of validity of at least 2 years; and
                     (d)  the name stated for the person in the document has not been replaced with another name that:
                              (i)  is registered for the person in Australia; or
                             (ii)  is stated on an Australian citizenship certificate.
13  Subsection 9.1(4)
Omit “a certificate of Australian citizenship has been granted to a person under the Australian Citizenship Act 1948”, substitute “an Australian citizenship certificate has been granted to a person”.
14  Subsections 9.1(7) and (8)
Repeal the subsections, substitute:
             (7)  A person may use the name stated on a foreign marriage certificate if:
                     (a)  the person:
                              (i)  was born overseas; and
                             (ii)  resides overseas; and
                            (iii)  is unable to obtain a marriage certificate or name change certificate from a registry of births, deaths and marriages (however described) of a State or Territory; and
                     (b)  the foreign marriage certificate was issued to the person after the person became an Australian citizen.
             (8)  A person may use the name stated on a foreign name change certificate if:
                     (a)  the person:
                              (i)  was born overseas; and
                             (ii)  resides overseas; and
                            (iii)  is unable to obtain a name change certificate from a registry of births, deaths and marriages (however described) of a State or Territory; and
                     (b)  the foreign name change certificate was issued to the person after the person became an Australian citizen.
15  Paragraph 9.1(11)(d)
Repeal the paragraph, substitute:
                     (d)  a title, award or decoration that is not awarded directly to, or conferred directly on, the applicant by the Crown or under a law of the Commonwealth;
16  Subsection 9.1(11) (note)
Repeal the note, substitute:
Note:          The text of the Convention on International Civil Aviation is set out in Australian Treaty Series 1957 No. 5 ([1957] ATS 5). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
17  Subsection 9.1(12)
Repeal the subsection, substitute:
           (12)  In this section:
Apostille Convention means the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, done at The Hague on 5 October 1961.
Note:          The text of the Convention abolishing the Requirement of Legalisation for Foreign Public Documents is set out in Australian Treaty Series 1995 No. 11 ([1995] ATS 11). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Australian citizenship certificate means:
                     (a)  a certificate of citizenship granted under the Australian Citizenship Act 1948; or
                     (b)  a notice given to a person under section 37 of the Australian Citizenship Act 2007.
foreign marriage certificate means a marriage certificate that:
                     (a)  is issued in accordance with the local law of the overseas country where the marriage takes place; and
                     (b)  is recognised by a competent authority of that overseas country as a certificate, entry or record of a marriage solemnised in, or under the law of, that country; and
                     (c)  relates to a marriage that is recognised under the Marriage Act 1961; and
                     (d)  is legalised.
foreign name change certificate means a certificate that:
                     (a)  is issued in accordance with the local law of the overseas country where the certificate is issued; and
                     (b)  is recognised by a competent authority of that overseas country as a certificate, entry or record which effects a name change for a person; and
                     (c)  is legalised.
legalised means:
                     (a)  for a foreign marriage certificate or foreign name change certificate issued in an overseas country that is a signatory to the Apostille Convention—an apostille has been placed on the certificate or on a separate document affixed to the certificate in accordance with the requirements of the Apostille Convention; or
                     (b)  for a foreign marriage certificate or foreign name change certificate issued in an overseas country that is not a signatory to the Apostille Convention—one or more signatures, stamps or seals have been placed on the certificate, or on a separate document affixed to the certificate, in accordance with processes recognised in the country in which the certificate is issued
registered means registered on a register maintained by a Registrar of births, deaths and marriages (however described) of any State or Territory.
18  Subsection 10.1(1)
Omit “sections 8.2”, substitute “sections 6.1, 6.2, 8.2”.
19  Clause 4 of Part 2 of Schedule 1
Omit “Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990”, substitute “Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990”.
20  After clause 12 of Part 1 of Schedule 3
Add:
            13.  The Commissioner of the Bureau of Immigration of the Philippines.
21  After clause 10 of Part 2 of Schedule 3
Insert:
            11.  The Commissioner of the Bureau of Immigration of the Philippines.
Part 3—Disclosure for purpose mentioned in paragraph 46(b) of Australian Passports Act
  
22  After clause 4 (second occurring) of Part 2 of Schedule 3
Add:
              5.  The Commissioner of the Bureau of Immigration of the Philippines.