{"id":"F2025L00042","name":"Legislation (Deferral of Sunsetting—Passports Instruments) Certificate 2025","slug":"legislation-deferral-of-sunsetting-passports-instruments-certificate-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442710,"registerId":"F2025L00042-fast-fetch-1775957667161","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislation (Deferral of Sunsetting—Passports Instruments) Certificate 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLegislation (Deferral of Sunsetting—Passports Instruments) Certificate 2025\n\nI, Mark Dreyfus KC, Attorney‑General, make the following certificate.\n\nDated 13 January 2025\n\nMark Dreyfus KC\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Deferral of sunsetting\n\n5 Repeal of this instrument\n\n \n\n1  Name\n\n  This instrument is the Legislation (Deferral of Sunsetting—Passports Instruments) Certificate 2025.\n\n2  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 \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 25 January 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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.\n\n3  Authority\n\n  This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.\n\n4  Deferral of sunsetting\n\n  The following instruments, for which the sunsetting day is 1 October 2025, are repealed by section 51 of the Legislation Act 2003 on 1 October 2027:\n\n (a) Australian Passports (Application Fees) Determination 2015;\n\n (b) Australian Passports Determination 2015;\n\n (c) Foreign Passports (Law Enforcement and Security) Determination 2015.\n\n5  Repeal of this instrument\n\n  This instrument is repealed at the start of 2 October 2027.\n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the substantive scope or content of the named passport instruments; it only defers their repeal to 1 October 2027 (s4). It therefore preserves existing rules and fees in force for a further two years, commences on 25 January 2025 (s2), is made under the Legislation Act (s3), and self-repeals on 2 October 2027 (s5)."},"complexity_factors":["Short, single-purpose instrument: only defers sunsetting of named instruments (s4).","Clear legal authority and mechanism: made under paragraph 51(1)(c) of the Legislation Act 2003 (s3).","Fixed dates and simple commencement rule: commencement tied to registration (table in s2) and specified repeal of this certificate (s5).","Effect depends on cross-referencing external instruments named in s4; understanding full impact requires reading those instruments (named instruments contain substantive rules/fees).","No amendment to substantive law: this instrument only changes the repeal date, so legal complexity is low but practical impact depends on the content of the deferred instruments.","Low compliance burden: it maintains the status quo rather than introducing new obligations, but preserves any existing fee or administrative regimes already in those instruments."],"plain_english_summary":"This certificate postpones the automatic repeal (‘sunsetting’) of three passport-related instruments—the Australian Passports (Application Fees) Determination 2015; Australian Passports Determination 2015; and Foreign Passports (Law Enforcement and Security) Determination 2015—from 1 October 2025 to 1 October 2027 (s4). It commences 25 January 2025 (s2) and is made by the Attorney‑General under paragraph 51(1)(c) of the Legislation Act 2003 (s3). It keeps current passport rules and fee arrangements in force for two additional years, affecting passport applicants and agencies."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the Legislation Act 2003 framework—deferring sunsetting of specified instruments. It has not expanded beyond this narrow administrative purpose."},"complexity_factors":["Very short instrument (5 sections, approximately 1 page)","Only 3 defined terms implicitly referenced (the three instruments being deferred)","No nested conditional logic or exceptions","Single operative provision (section 4) with straightforward effect","Minimal cross-referencing (only to section 51 of the Legislation Act 2003 and the three named instruments)","Automatic repeal provision (section 5) is simple and self-executing"],"plain_english_summary":"This certificate delays the automatic expiry of three passport-related legislative instruments — covering passport fees, the main Australian Passports Determination, and rules on foreign passports for law enforcement — by two years, moving the sunset from 1 October 2025 to 1 October 2027. It affects passport applicants and holders, DFAT and agencies using foreign passport data, and prevents a legal gap while the instruments are reviewed and remade."}},"importantCases":[],"_links":{"self":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025","history":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025/history","analysis":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025/analysis","conflicts":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025/conflicts","importantCases":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025/important-cases","documents":"/api/acts/legislation-deferral-of-sunsetting-passports-instruments-certificate-2025/documents"}}