{"id":"C2026A00040","name":"Translating and Interpreting Services Act 2026","slug":"translating-and-interpreting-services-act-2026","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"40 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436472,"registerId":"C2026A00040-fast-fetch-1775953661439","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Translating and Interpreting Services Act 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nTranslating and Interpreting Services Act 2026\n\nNo. 40, 2026\n\n \n\n \n\n \n\n \n\n \n\nAn Act to provide for translating and interpreting functions, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Objects\n\n4 Simplified outline of this Act\n\n5 Definitions\n\n6 Extension to external Territories\n\n7 Extra‑territorial application\n\nPart 2—Functions\n\n8 Functions\n\n9 Fees\n\n10 Executive power of the Commonwealth\n\nPart 3—Miscellaneous\n\n11 Pre‑existing arrangements\n\n12 Delegation by Secretary\n\n13 Rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nTranslating and Interpreting Services Act 2026\n\nNo. 40, 2026\n\n \n\n \n\n \n\nAn Act to provide for translating and interpreting functions, and for related purposes\n\n[Assented to 8 April 2026]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Translating and Interpreting Services Act 2026.\n\n2  Commencement\n\n (1) Each provision of this Act 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 Act The day after this Act receives the Royal Assent. 9 April 2026\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Objects\n\n  The objects of this Act are:\n\n (a) to continue and expand the translating and interpreting service that was established by the Commonwealth after the Second World War to support Australia’s immigration program; and\n\n (b) to provide for translating and interpreting services to support government functions; and\n\n (c) to provide for translating and interpreting services to support equitable access to key services for people with limited English language proficiency; and\n\n (d) in coordination with the States and Territories, to provide services to address national translation and interpretation needs that would not otherwise be met.\n\n4  Simplified outline of this Act\n\nThe Secretary has functions in relation to provision of translating and interpreting services for certain purposes.\n\nThe Secretary may charge fees for services provided under this Act.\n\n5  Definitions\n\n  In this Act:\n\nrules means the rules made under section 13.\n\nSecretary means the Secretary of the Department.\n\n6  Extension to external Territories\n\n  This Act extends to the external Territories.\n\n7  Extra‑territorial application\n\n  This Act extends to acts, omissions, matters and things outside Australia.\n\nPart 2—Functions\n\n \n\n8  Functions\n\n (1) The Secretary has the following functions:\n\n (a) to provide, or arrange for the provision of, translating and interpreting services to the Commonwealth or an agency, authority, body, organisation or office holder of the Commonwealth;\n\n (b) to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with the Commonwealth or an agency, authority, body, organisation or office holder of the Commonwealth;\n\n (c) to provide, or arrange for the provision of, translating and interpreting services to:\n\n (i) a State or a Territory; or\n\n (ii) an agency, authority, body, organisation or office holder of a State or a Territory;\n\n  under an arrangement with the State or Territory;\n\n (d) to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with:\n\n (i) a State or a Territory; or\n\n (ii) an agency, authority, body, organisation or office holder of a State or a Territory;\n\n  under an arrangement with the State or Territory;\n\n (e) to provide, or arrange for the provision of, translating and interpreting services by means of a telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution);\n\n (f) to provide, or arrange for the provision of, translating and interpreting services for the primary purpose of assisting the following persons:\n\n (i) aliens;\n\n (ii) persons who have migrated to Australia;\n\n (g) under arrangements with States and Territories, to provide, or arrange for the provision of, translating and interpreting services to address a national need that would not otherwise be met;\n\n (h) to develop, train and support translators and interpreters to provide services for the purposes of the above functions;\n\n (i) any other functions relating to translation and interpretation specified in the rules;\n\n (j) to do anything else that is incidental or conducive to the performance of any of the above functions.\n\n (2) Paragraphs (1)(a) to (j) do not limit each other.\n\n (3) Rules made for the purposes of paragraph (1)(i) must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n\n (4) The functions of the Secretary under this Act may be performed within or outside Australia.\n\n (5) The Secretary has power to do all things necessary or convenient to be done for or in connection with the performance of the Secretary’s functions under this Act.\n\n (6) The Secretary’s powers include, but are not limited to, the following powers:\n\n (a) the power to make, enter into, vary and administer arrangements, contracts, agreements and deeds;\n\n (b) the power to engage contractors and consultants.\n\n9  Fees\n\n (1) The Secretary may, on behalf of the Commonwealth, charge fees for services provided by the Secretary in performing the Secretary’s functions under this Act.\n\n (2) A fee must not be such as to amount to taxation.\n\n (3) A fee charged under subsection (1):\n\n (a) is a debt due to the Commonwealth; and\n\n (b) is recoverable by the Commonwealth in a court of competent jurisdiction.\n\n10  Executive power of the Commonwealth\n\n  This Part does not limit the executive power of the Commonwealth.\n\nPart 3—Miscellaneous\n\n \n\n11  Pre‑existing arrangements\n\nAction before commencement of this section\n\n (1) This section applies if, at a time (the relevant time) before the commencement of this section:\n\n (a) the Commonwealth purported to make, vary or administer an arrangement for the purposes of, or for purposes incidental to:\n\n (i) providing, or arranging for the provision of, a relevant service; or\n\n (ii) developing, training or supporting translators or interpreters to provide a relevant service; and\n\n (b) the Commonwealth did not (apart from this section) have the power to make, vary or administer that arrangement.\n\n (2) The Commonwealth is taken to have had, at the relevant time, the power to make, vary or administer that arrangement.\n\nAction after the commencement of this section\n\n (3) The powers conferred by subsection 8(5) include the power to vary or administer an arrangement made before the commencement of this section for the purposes of, or for purposes incidental to:\n\n (a) providing, or arranging for the provision of, a relevant service; or\n\n (b) developing, training or supporting translators or interpreters to provide a relevant service.\n\nArrangements with States and Territories\n\n (4) Paragraphs 8(1)(c), (d) and (g) apply in relation to an arrangement with a State or Territory made before, on or after the commencement of this section.\n\nDefinitions\n\n (5) In this section:\n\narrangement includes a contract, agreement or deed.\n\nmake, in relation to an arrangement, includes enter into.\n\nrelevant service means a service mentioned in any of paragraphs 8(1)(a) to (g).\n\n12  Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate all or any of the Secretary’s functions or powers under this Act to an SES employee, or an acting SES employee, in the Department.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\nDirections to delegate\n\n (2) A person performing functions or exercising powers under a delegation under subsection (1) must comply with any written directions of the Secretary under subsection (3).\n\n (3) The Secretary may, in writing, give directions for the purposes of subsection (2).\n\n13  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n\n (e) directly amend the text of this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 26 November 2025\n\nSenate on 5 February 2026]\n\n \n\n(110/25)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing translating and interpreting services. The objects clause (section 3) explicitly ties the Act to continuing the post-WWII immigration support service, and all operative provisions in section 8 relate directly to translation, interpretation, or training for those purposes. The 'national need' provision in paragraph 8(1)(g) and the rules-making power in paragraph 8(1)(i) are standard flexibility mechanisms that don't represent scope creep beyond the core function."},"complexity_factors":["Only 2 defined terms in section 5 ('rules' and 'Secretary')","Straightforward structure with just 3 Parts and 13 sections","Minimal cross-referencing - mainly internal references between sections 8 and 11","Simple conditional logic limited to fee restrictions (section 9) and delegation requirements (section 12)","Single layer of delegated legislation (rules under section 13) with explicit prohibitions rather than complex enabling provisions","No exceptions to exceptions or deeply nested provisions","Clear constitutional anchoring in section 8(1)(e) referencing paragraph 51(v) of the Constitution (telegraphic/telephonic services power)"],"plain_english_summary":"This law sets up a national system for translation and interpreting services in Australia. Here's what it does:\n\n**Who runs it:** The Secretary of the relevant government department (the \"Secretary\") is in charge of providing or organising these services.\n\n**What services are provided:**\n- **For the Commonwealth:** Translating documents and interpreting conversations for federal government agencies and anyone dealing with them\n- **For States and Territories:** Similar services, but only when there's a formal arrangement (agreement) with that State or Territory\n- **For migrants and non-citizens:** Special focus on helping people who've migrated to Australia or who aren't Australian citizens\n- **Remote services:** Phone and video interpreting services\n- **Training:** Developing and supporting professional translators and interpreters\n\n**Key features:**\n- **Fees:** The Secretary can charge for services, but can't use this as a way to raise taxes\n- **Nationwide coverage:** Applies across Australia including external territories (like Christmas Island) and even overseas when needed\n- **Backdating protection:** Legalises arrangements that were already happening before this law started, even if there wasn't clear legal power for them at the time\n- **Flexibility:** The Minister can make detailed rules later to fill in operational details, but can't create crimes, penalties, or taxes through those rules\n\n**Why it matters:** This continues Australia's long-standing translation service (started after WWII to help immigrants) and makes sure people who don't speak English well can access government services. It also lets the federal government coordinate with states on translation needs that cross state borders."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a new principal Act. It does not amend any existing legislation."},"complexity_factors":["The Act validates pre-existing arrangements made before its commencement, which retroactively confirms the Commonwealth had power to make them.","The Secretary's functions are expressed broadly, supported by multiple constitutional heads of power (e.g. telecommunications, aliens, immigration), but the practical operation is straightforward."],"plain_english_summary":"The Act gives the Secretary statutory authority to provide or arrange translating and interpreting services for Commonwealth agencies and individuals communicating with them, and—by formal arrangement—state and territory agencies. It formalises and expands the long‑standing TIS National, enables remote delivery and training to address national gaps, allows fees (not a tax), validates prior arrangements, and permits delegation and ministerial rules to support its operation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act expressly continues and expands the Commonwealth translating and interpreting service established after WWII (s.3). It broadens scope by authorising services to Commonwealth and State/Territory bodies, individuals with limited English, training programs (s.8), extra‑territorial application (s.7), fee recovery (s.9) and retroactive validation of prior arrangements (s.11). These elements increase the programmatic and geographic reach compared with a narrowly domestic, agency‑only service."},"complexity_factors":["Broad, non‑technical statement of functions that covers provision, arrangement and training of services (s.8) — low drafting complexity but wide operational scope","Fee authority with a constitutional constraint (fee must not amount to taxation) and debt recovery mechanics (s.9) — modest legal interface with revenue law","Rule‑making power constrained by a list of prohibited contents (s.13(2)) — simple to draft but requires care to avoid forbidden subjects","Retroactive validation of pre‑existing Commonwealth arrangements (s.11) — creates legal continuity issues and potential uncertainty over past powers","Delegation to SES employees with Secretary directions (s.12) — concentrates administrative discretion but follows standard public‑service patterns","Extra‑territorial and external‑Territories application (ss.6–7) — broad geographic reach increases potential jurisdictional interactions with States and foreign actors"],"plain_english_summary":"Mechanically, the Act authorises the Secretary to provide or arrange translating and interpreting services (including training), to charge recoverable fees, delegate functions to senior executives, and make rules—while applying to external Territories and extraterritorially (ss.8–13).\n\nThe Act states its purpose is to continue and expand a post‑war translating service to support immigration, government functions and equitable access for people with limited English (s.3). Fees are recoverable debts payable to the Commonwealth; operational control rests with the Secretary and the Minister through rules and delegations (ss.9,12,13)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/translating-and-interpreting-services-act-2026","history":"/api/acts/translating-and-interpreting-services-act-2026/history","analysis":"/api/acts/translating-and-interpreting-services-act-2026/analysis","conflicts":"/api/acts/translating-and-interpreting-services-act-2026/conflicts","importantCases":"/api/acts/translating-and-interpreting-services-act-2026/important-cases","documents":"/api/acts/translating-and-interpreting-services-act-2026/documents"}}