{"id":"F2007L02702","name":"Migration Act 1958 - Determination under section 175A - Eligible Passports - August 2007","slug":"migration-act-1958-determination-under-section-175a-eligible-passports-august-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68623,"registerId":"commonwealth-F2007L02702-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration Act 1958 - Determination under section 175A - Eligible Passports - August 2007","content":"![](image.001.png)  \n\nCommonwealth of Australia\n\nMigration Act 1958\n\nELIGIBLE PASSPORTS\n\n(SECTION 175A)\n\nI, ANDREW METCALFE, Secretary to the Department of Immigration and Citizenship, acting under subsection 175A:\n\nDETERMINE that for the purposes of section 165, the following kinds of passports are “eligible passports”:\n\n1.  Australian ePassports; and\n2.  New Zealand ePassports.\n\nThis Instrument, IMMI 07/030 will take effect 27 August 2007.\n\nDated 24 August 2007\n\nANDREW METCALFE\n\nSecretary to the Department of Immigration and Citizenship\n\n\\[NOTE 1: Section 165 of the Act provides that ‘eligible passport’ means a passport of a kind specified in a determination under section 175A.\n\nNOTE 2: Section 166 provides, relevantly, that a person who holds an eligible passport may, in certain circumstances, be immigration cleared via an authorised system, rather than an immigration clearance officer.\n\nNOTE 3: Section 175A provides that for the purposes of Division 5 of Part 2, which deals with immigration clearance, the Minister or the Secretary may determine, by legislative instrument, that a specified kind of passport is an eligible passport.\\]","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1795},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The determination strictly adheres to the authority granted by section 175A of the Migration Act 1958, which expressly empowers the Secretary to specify kinds of passports as 'eligible' for automated clearance. The scope remains tightly confined to identifying specific passport categories without expanding into operational requirements, system specifications, or eligibility criteria for travelers themselves."},"complexity_factors":["Only two specific passport types listed with no conditions or exceptions","No definitions section or interpretive provisions","Single operative clause with straightforward declarative structure","No internal cross-references or nested logic","Minimal length (approximately 150 words of substantive content)"],"plain_english_summary":"**What this does:** This short document sets the rules for who can use automated border gates (like SmartGate) at Australian airports instead of lining up to see an immigration officer. It declares that only two types of passports qualify as \"eligible passports\": **Australian ePassports** and **New Zealand ePassports** (the modern passports with a digital chip).\n\n**Who it affects:** Travelers entering Australia who hold these specific biometric passports.\n\n**Why it matters:** It creates the legal basis for automated immigration clearance. If your passport isn't on this short list (e.g., a traditional paper passport from another country), you must be cleared by a human officer. This determination essentially draws a line between \"fast track\" self-service entry and standard manual processing."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007","history":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007/history","analysis":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007/analysis","conflicts":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007/conflicts","importantCases":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007/important-cases","documents":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-august-2007/documents"}}