{"id":"F2012L02053","name":"Migration Act 1958 - Determination under section 175A - Eligible Passports - October 2012","slug":"migration-act-1958-determination-under-section-175a-eligible-passports-october-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":90018,"registerId":"commonwealth-F2012L02053-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration Act 1958 - Determination under section 175A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 - October 2012","content":"![](image.001.png)  \n\nCommonwealth of Australia\n\nMigration Act 1958\n\nELIGIBLE PASSPORTS\n\n(SECTION 175A)\n\nI, MARTIN BOWLES, Acting Secretary to the Department of Immigration and Citizenship, acting under section 175A of the Migration Act 1958 (the ‘Act’):\n\n1. REVOKE Instrument number IMMI 07/030 signed on 24 August 2007 determining eligible passports for the purposes of section 175A; AND\n\n2. DETERMINE that for the purposes of section 165 of the Act, the following kinds of passports are ‘eligible passports’:\n\n(a) Australian ePassports; and\n\n(b) New Zealand ePassports; and\n\n(c) United States of America ePassports.\n\nThis Instrument, IMMI 12/102, will commence on 1 November 2012.\n\nDated 12 October 2012\n\nMartin Bowles\n\nActing Secretary 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":1541},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument operates strictly within the authority granted by section 175A of the Migration Act 1958, which specifically empowers the Secretary to determine eligible passports for automated immigration clearance. While it updates the specific passports listed (adding US ePassports to the previous list), it does not expand beyond the statutory purpose of identifying which passport types qualify for electronic processing."},"complexity_factors":["Extremely short length (only 2 operative paragraphs)","No defined terms or interpretation section","Simple structure: revocation of previous instrument followed by a straightforward list of 3 passport types","Minimal cross-referencing (only cites specific sections of the parent Migration Act without complex conditional logic)"],"plain_english_summary":"This instrument replaces the 2007 list and declares that biometric ePassports from Australia, New Zealand and the United States are now “eligible passports” for Australia’s automated border gates. Holders of those ePassports (subject to other entry conditions) may use electronic gates instead of manual immigration checks, affecting returning Australians and visitors from NZ and the US who hold chip-enabled passports."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012","history":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012/history","analysis":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012/analysis","conflicts":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012/conflicts","importantCases":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012/important-cases","documents":"/api/acts/migration-act-1958-determination-under-section-175a-eligible-passports-october-2012/documents"}}