{"id":"F2015L01224","name":"Foreign Passports (Law Enforcement and Security) Determination 2015","slug":"foreign-passports-law-enforcement-and-security-determination-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":143527,"registerId":"commonwealth-F2015L01224-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Foreign Passports (Law Enforcement and Security) Determination 2015.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument 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.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 October 2015.

1 October 2015

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Foreign Passports (Law Enforcement and Security) Act 2005.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including ASIO.\n\n In this instrument:\n\n> Act means the Foreign Passports (Law Enforcement and Security) Act 2005.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Competent authorities—Australian law enforcement matters","content":"#### 6 Competent authorities—Australian law enforcement matters\n\n For paragraph (b) of the definition of competent authority in subsection 13(2) of the Act, the following persons are specified as competent authorities in relation to the circumstances mentioned in paragraphs 13(1)(a) and (b) of the Act:\n (a) the Attorney‑General;\n (b) the Secretary of the Attorney‑General’s Department;\n (c) SES employees in the Attorney‑General’s Department.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Competent authorities—international law enforcement cooperation","content":"#### 7 Competent authorities—international law enforcement cooperation\n\n (1) For paragraph (b) of the definition of competent authority in subsection 14(2) of the Act, the following persons are specified as competent authorities in relation to the circumstances mentioned in paragraphs 14(1)(a) and (b) of the Act:\n (a) the Secretary of the Attorney‑General’s Department;\n (b) SES employees in the Attorney‑General’s Department.\n (2) For paragraph (c) of the definition of competent authority in subsection 14(2) of the Act, the Australian Federal Police is specified as a competent authority in relation to the circumstances mentioned in paragraphs 14(1)(a) and (b) of the Act.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Reasons relating to potential for harmful conduct","content":"#### 8 Reasons relating to potential for harmful conduct\n\n For subparagraph 15(1)(a)(v) of the Act, the offences mentioned in subsections 13(1) and (2) of the Australian Passports Determination 2015 are specified.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Competent authorities—potential for harmful conduct","content":"#### 9 Competent authorities—potential for harmful conduct\n\n (1) For paragraph (d) of the definition of competent authority in subsection 15(2) of the Act, the following are specified as competent authorities in relation to the circumstances mentioned in subsection 15(1) of the Act:\n (a) the Department of Immigration and Border Protection;\n (b) the Australian Federal Police.\n (2) For paragraph (f) of the definition of competent authority in subsection 15(2) of the Act, the following are specified as competent authorities in relation to the circumstances mentioned in subsection 15(1) of the Act:\n (a) the Secretary of the Attorney‑General’s Department;\n (b) SES employees in the Attorney‑General’s Department;\n (c) the Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979);\n (d) a Deputy Director‑General of Security (within the meaning of the Australian Security Intelligence Organisation Act 1979).","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The determination remains tightly scoped to its original purpose: operationalising the parent Act by designating competent authorities. It has not expanded beyond this administrative function."},"complexity_factors":["Very short instrument (9 sections, approximately 2 pages)","Minimal defined terms (only 'Act' defined; relies on parent Act definitions)","No conditional logic or nested exceptions","Straightforward list-based structure specifying competent authorities by name and position","No cross-references beyond citations to the parent Act and one other determination","Purely administrative/operational in nature — designates who can do what, not substantive rules"],"plain_english_summary":"This determination under the Foreign Passports (Law Enforcement and Security) Act 2005 designates which senior officials and agencies can make decisions about foreign passports in law‑enforcement and national‑security contexts. \n\nIt affects foreign nationals in Australia, agencies such as the Attorney‑General’s Department, AFP, Home Affairs/Immigration and ASIO, and foreign partners — providing the operational authority needed to carry out investigations, border actions and security cooperation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument does not alter the substantive scope of the Foreign Passports (Law Enforcement and Security) Act 2005. It operationalises the Act by specifying which persons and agencies are \"competent authorities\" for particular functions (ss 6–9), names offences relevant to harmful‑conduct assessments (s 8), and provides commencement and amendment mechanics including Schedules to amend or repeal other instruments (ss 2, 4)."},"complexity_factors":["Multiple cross-references to the parent Act and specific subsections (sections 13(2), 14(2), 15(2) of the Act) increasing interpretive reliance on the Act rather than this instrument (see ss 6–9).","Several distinct decision‑making categories (domestic law enforcement, international cooperation, harmful conduct) each with different competent authorities to be identified (ss 6–9).","Inclusion by reference of offences in another instrument (Australian Passports Determination 2015) for harmful‑conduct reasoning, requiring users to consult a separate determination (s 8).","Delegation to non‑named SES employees creates internal administrative discretion within the Attorney‑General’s Department (ss 6, 7(1), 9(2)).","Schedules power to amend or repeal other instruments adds downstream legal effects beyond mere naming of authorities (s 4).","Technical commencement and publication rules (s 2), including a note that column 3 information is not part of the instrument, which may confuse readers of published versions (s 2(2))."],"plain_english_summary":"This instrument sets out which officials and agencies may act as \"competent authorities\" under the Foreign Passports (Law Enforcement and Security) Act 2005 for domestic law‑enforcement, international cooperation and assessments of potential harmful conduct, and it specifies offences to be used when assessing harmful conduct. It assigns decision‑making and administrative duties to named bodies (Attorney‑General, Attorney‑General’s Department officers, Australian Federal Police, Department of Immigration and Border Protection, and ASIO leaders), so those agencies carry the compliance and operational costs of carrying out the Act’s processes."}},"importantCases":[],"_links":{"self":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015","history":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015/history","analysis":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015/analysis","conflicts":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015/conflicts","importantCases":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015/important-cases","documents":"/api/acts/foreign-passports-law-enforcement-and-security-determination-2015/documents"}}