Establishes a statutory home for the Translating and Interpreting Service (TIS National) inside the Department of Home Affairs by giving the Department Secretary explicit functions to provide and arrange translating and interpreting services (section 8).
Gives the Secretary an express power to charge fees for services provided under the Act, subject to the rule that fees must not amount to taxation; fees charged are a debt due to the Commonwealth and recoverable in court (section 9).
Confirms that arrangements made before the Act commenced are valid (retrospective validation) and that pre‑existing arrangements can be varied or administered under the Act (section 11).
Allows the Secretary to delegate functions to senior departmental staff (SES) and to engage contractors and enter contracts (sections 8(6)(a) and 12).
Gives the Minister power to make rules (legislative instruments) to prescribe matters required or convenient for the Act to operate, but places limits on those rules (they cannot create offences, impose taxes, or change the Act text, among other limits) (section 13).
Extends the Act to external Territories and to acts and matters outside Australia (sections 6–7).
Who this affects and who decides
Who decides: the Secretary of the Department of Home Affairs implements the functions (s 8), the Minister may make rules under the Act (s 13), and the Secretary may delegate to SES employees (s 12).
The Translating and Interpreting Services Act 2026 creates a dedicated statutory framework for the translating and interpreting services delivered by the Department of Home Affairs through TIS National. Prior to this Act the department relied on executive power and section 74 of the Public Governance, Performance and Accountability Act 2013 to retain revenue, yet lacked explicit legislative authority to charge fees. Clause 9 now supplies that authority by permitting the Secretary to charge fees on behalf of the Commonwealth for services performed under the Act, provided the fees do not amount to taxation. Clause 11 retrospectively validates any arrangements the Commonwealth purported to make or administer before commencement for the provision of relevant services or the development and training of translators and interpreters. Clause 8 enumerates the Secretary's functions in detail, covering services to Commonwealth entities, facilitation of communication with those entities, services to states and territories under arrangement, services via telephonic or like means, services primarily for aliens and migrants, and services addressing national needs in coordination with states and territories. The Act also empowers the Secretary to develop, train and support translators and interpreters, and to do anything incidental or conducive to those functions. Clause 13 authorises the Minister to make rules by legislative instrument for matters required or permitted by the Act or necessary or convenient for its operation, with the explicit constraint that rules cannot create offences or civil penalties, provide powers of arrest or entry, impose a tax, appropriate funds or directly amend the Act text. Clause 12 allows the Secretary to delegate functions or powers to SES or acting SES employees in the Department. The objects in clause 3 formalise the continuation and expansion of services first established after the Second World War, support for government functions, equitable access for people with limited English proficiency, and coordination with states and territories on unmet national needs. Commencement occurred the day after royal assent on 8 April 2026, so the framework has applied since 9 April 2026. The Act extends to external territories and has extra-territorial application. No alteration is made to the day-to-day delivery of free interpreting services for eligible health practitioners, local government or NGOs, the free translating service for up to ten documents for certain visa holders, or the existing fee-for-service arrangements with government and private clients.
Official source available
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Establishes a framework to support the provision of translating and interpreting services provided by the Department of Home Affairs in its capacity as the Translating and Interpreting Service National.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
26 Nov 2025
Second reading moved
26 Nov 2025
Second reading debate
04 Feb 2026
Referred to Federation Chamber
04 Feb 2026
Second reading debate
04 Feb 2026
Second reading agreed to
04 Feb 2026
Reported from Federation Chamber
05 Feb 2026
Third reading agreed to
05 Feb 2026
Senate
Introduced and read a first time
05 Feb 2026
Second reading moved
05 Feb 2026
Second reading agreed to
01 Apr 2026
Third reading agreed to
01 Apr 2026
Finally passed both Houses
01 Apr 2026
Assent
Act no: 40
Year: 2026
08 Apr 2026
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
Senate
2R - Australia's Voice [sheet 3724]
PAYMAN, Sen Fatima
2R - Australian Greens [sheet 3767]
WATERS, Sen Larissa
2R - Australian Greens [sheet 3636]
SHOEBRIDGE, Sen David
CW - Australia's Voice [sheet 3725]
PAYMAN, Sen Fatima
Who pays: the Act authorises the Secretary to charge fees for translating and interpreting services (s 9). The Act does not itself set which clients will be charged or which services remain free — those are matters for rules, departmental policy, or arrangements with other governments or service users. Fees charged under the Act are debts owed to the Commonwealth and are recoverable (s 9(1), (3)).
Who may be served: services can be provided to Commonwealth bodies, States and Territories (under arrangements), and to persons to facilitate their communication with government (s 8(1)(a)–(d), (f)). The Secretary may also provide services to address national needs under arrangements with States and Territories (s 8(1)(g)).
**Why it matters (stated purpose and an evidence check)**n
The Act’s stated objects include continuing and expanding the translating and interpreting service created after World War II to support immigration, supporting government functions, and promoting equitable access to services for people with limited English proficiency (s 3). The Explanatory Memorandum describes the Bill as providing a statutory basis for arrangements already in place.
Evidence-based consequences and implementation trade-offs to watch for:
Fee authority (s 9) gives a clear legal basis to charge for services; that creates incentives to recover costs through fees. Under the government’s financial rules (not in this Act), agencies normally need both legislative authority and separate policy authority to retain and spend revenue. The Act supplies the legislative authority but does not on its face supply the separate policy authority required under Public Governance, Performance and Accountability rules (see s 9; explanatory materials referenced by the parliamentary library and ANAO report). That means departmental fee retention and use will depend on compliance with broader finance rules and any Cabinet or Prime Ministerial policy decisions.
Charging fees can shift costs onto non‑government clients (private firms or state agencies that contract services) and could allow the Department to recover more or less of its operating costs depending on pricing. The Act requires only that fees not be taxation (s 9(2)); it does not itself regulate fee levels or how cost recovery principles (such as the government’s Cost Recovery Guidelines) must be applied. That leaves significant implementation discretion to the Secretary and to rule‑making or policy instruments.
The rule‑making power (s 13) gives scope to specify operational details but is expressly limited from creating offences, imposing taxes, providing coercive powers (arrest, detention, search) or amending the Act text. Clause 8(3) requires rules made under paragraph 8(1)(i) to state the legislative power(s) of Parliament relied on, which imports some constitutional framing to certain kinds of rulemaking.
The retrospective validation (s 11) reduces legal risk for pre‑existing contracts and arrangements that may previously have lacked a clear legal power to be made. That lowers litigation and contractual risk for the Commonwealth but also formalises past practice without separate parliamentary review of each arrangement.
Practical effects on markets, organisations and individuals
For private sector and non‑government purchasers of interpreting services: the Secretary can contract to provide services and can charge fees (s 8, s 9). The Act does not ban charging end users directly; whether end users are charged will depend on policy and arrangements with service providers.
For state and territory governments: the Act expressly authorises Commonwealth arrangements to supply services to States and Territories (s 8(1)(c), (d), (g)); that makes formal Commonwealth–State contracting easier in areas with national need.
For independent translators/interpreters and the training pipeline: the Secretary is authorised to develop, train and support translators and interpreters (s 8(1)(h)), which creates scope for the Department to run or fund professional development and accreditation support.
For departmental administration: the Act centralises authority in the Secretary to enter contracts, engage contractors, and set service arrangements (s 8(5)–(6)). That increases the Department’s operational discretion and administrative responsibility for compliance with cost‑recovery and employment/contracting rules.
Costs, incentives and implementation risks
Cost and pricing risk: Because the Act authorises fees but does not prescribe pricing principles, the Department must set fees consistent with broader finance rules and cost‑recovery guidance to avoid over‑ or under‑recovering (parliamentary library and ANAO materials note past gaps in explicit authorisation and alignment with cost‑recovery rules).
Administrative burden: Implementing a fee regime, contracting arrangements with States, and training programs will require systems, accounting, and contract management capacity in the Department.
Concentrated vs diffuse impacts: Benefits from fees and training will mainly flow to service purchasers, the Department (operational funding), and contracted language practitioners; costs (if fees are charged) will be borne by purchasers or their clients, who may be a diffuse group.
Legal risk mitigated: Section 11 reduces risk from earlier arrangements by validating them retrospectively, which reduces exposure to legal challenge over past acts claimed to lack power.
Key sections to consult directly
Functions and powers: section 8
Fee authority and recoverability: section 9
Retrospective validation of earlier arrangements: section 11
Delegation: section 12
Rule‑making limits: section 13
Territory and extra‑territorial reach: sections 6–7
Overall, the Act provides a concise statutory framework that formalises the Secretary’s authority to provide, arrange and charge for translating and interpreting services, to train practitioners, to contract with State/Territory governments, and to make rules about service delivery, while leaving important operational details (fee levels, eligibility for free services, and retention of revenue) to be resolved in policy, rules, and other finance instruments.
Main concepts
The central concept is the statutory conferral of functions on the Secretary of the Department of Home Affairs to provide or arrange translating and interpreting services across multiple constitutional heads of power. Clause 8(1) lists ten distinct functions that range from direct service to Commonwealth agencies, through facilitation of communication by individuals with those agencies, to services supplied to states and territories under arrangement, services delivered by telephonic or like means within the meaning of paragraph 51(v) of the Constitution, services primarily assisting aliens and migrants, and services addressing national needs not otherwise met. A further function covers the development, training and support of translators and interpreters. The concept of cost recovery is given explicit legislative footing in clause 9, which authorises fees that must not amount to taxation and treats any charged fee as a debt due to the Commonwealth recoverable in a court of competent jurisdiction. The Act preserves the executive power of the Commonwealth by stating in clause 10 that Part 2 does not limit that power. Retrospective validation of pre-existing arrangements is another core concept, ensuring that contracts, agreements or deeds entered into before commencement for relevant services are taken to have been within power. The rules-making power in clause 13 is framed as a legislative instrument subject to disallowance, yet expressly limited so that it cannot create offences, confer coercive powers or impose taxation. The objects clause articulates four interlocking purposes: continuation of the post-war service supporting immigration, support for government functions, equitable access for those with limited English, and national coordination with states and territories. The definition of Secretary as the Secretary of the Department anchors responsibility at departmental level, while delegation provisions allow practical administration by senior executives. Extra-territorial application and extension to external territories ensure the framework operates wherever TIS National services may be required.
Who it affects
The Act directly affects the Secretary of the Department of Home Affairs and departmental officers exercising delegated functions. All Commonwealth agencies, authorities, bodies, organisations and office holders that currently or may in future obtain translating or interpreting services from TIS National are brought within the statutory scheme. State and territory governments and their agencies become counterparties under formal arrangements contemplated by paragraphs 8(1)(c), (d) and (g). Non-government organisations, health practitioners, local government services and other eligible providers that access the Free Interpreting Service continue to do so under the same eligibility criteria, now underpinned by the new objects and functions. Individuals with limited or no English language proficiency who rely on interpreting services to access Commonwealth, state or territory services are the ultimate beneficiaries, although the Act does not create new individual rights of access. NAATI-credentialled language practitioners engaged by TIS National are affected through the Secretary's function to develop, train and support translators and interpreters. Private sector entities that pay for fee-for-service interpreting remain subject to the same charging model, now authorised by clause 9. The Minister for Home Affairs gains the power to make rules prescribing additional functions or operational details. Because the Act validates past arrangements, any party that entered contracts with the Commonwealth for TIS National services before 9 April 2026 obtains certainty that those contracts are legally effective. External territories and activities outside Australia fall within the extended operation of the Act. No new obligations are imposed on individuals or small businesses beyond existing arrangements for payment of fees where applicable.
What people will want to know
People will want to know whether the free services they currently receive will continue unchanged. The Act preserves the Free Interpreting Service for eligible providers and the Free Translating Service for qualifying visa holders; nothing in the legislation alters eligibility or removes those services. Another common question is whether fees will rise. The Act supplies authority to charge fees but does not prescribe new rates or require increases; any future fee adjustments remain subject to the government's cost-recovery policy and the requirement that fees not amount to taxation. Users may ask whether state and territory services are now covered. Paragraphs 8(1)(c), (d) and (g) expressly authorise arrangements with states and territories, including services addressing national needs that would otherwise go unmet, so existing memoranda of understanding and service agreements gain clearer statutory support. Interpreters and translators will want to know about training and development obligations. Clause 8(1)(h) gives the Secretary the function of developing, training and supporting practitioners, which formalises existing workforce development activity. Organisations that contract with TIS National may ask about the legal status of past agreements. Clause 11 provides retrospective validation, removing any doubt about the Commonwealth's power to have entered those arrangements. Members of the public may wonder whether the Act creates new complaint or review mechanisms. No such mechanisms are established; existing departmental and ombudsman avenues remain available. Finally, people may ask whether the legislation changes anything on the ground. The explanatory material emphasises that the Act supports arrangements already in place and does not alter the way TIS National carries out its operations.
Status and what happens next
The bill received royal assent on 8 April 2026 and became the Translating and Interpreting Services Act 2026, Act No 40 of 2026. It commenced the following day, 9 April 2026, and is now fully in force. All provisions, including the fee-charging power, the retrospective validation of pre-existing arrangements, and the Secretary's enumerated functions, apply from that date. The Minister may at any time make rules under clause 13 as a legislative instrument, which would be subject to disallowance by either House of Parliament. The Secretary may issue directions to delegates and may enter into, vary or administer new arrangements with states, territories or other entities under the functions set out in clause 8. Because the Act is now law, parliamentary progress has concluded. The Senate Standing Committee for the Scrutiny of Bills considered the bill in Scrutiny Digest 2 of 2026, but no further committee inquiry is required. An electronic version of the Act is available on the Federal Register of Legislation. Future amendments, if any, would be made by subsequent legislation or through the rules-making power. Operational guidance for TIS National staff and clients will be updated administratively to reflect the new statutory references, but service delivery processes remain unchanged.
Powers, duties and rights created
The Act confers on the Secretary a comprehensive set of functions listed in clause 8(1), including the power to provide or arrange translating and interpreting services for Commonwealth entities, to facilitate communication by individuals with those entities, to supply services to states and territories under arrangement, to deliver services by telephonic or like means, to assist aliens and migrants, and to address national needs in coordination with states and territories. The Secretary also holds the function of developing, training and supporting translators and interpreters, and any additional functions specified in the rules. Clause 8(5) grants the Secretary all powers necessary or convenient for the performance of these functions, expressly including the power to make, enter into, vary and administer arrangements, contracts, agreements and deeds, and to engage contractors and consultants. Clause 9 creates the power to charge fees for services, with the corresponding duty that any fee must not amount to taxation. A fee charged becomes a debt due to the Commonwealth and is recoverable in a court of competent jurisdiction. Clause 12 permits delegation of functions or powers to SES or acting SES employees, subject to any written directions given by the Secretary. The Minister holds the power under clause 13 to make rules by legislative instrument, subject to the limitations that rules cannot create offences, confer powers of arrest or seizure, impose tax, appropriate funds or amend the Act. Clause 11 imposes a legal fiction that the Commonwealth had power to enter pre-existing arrangements, thereby creating certainty rather than new rights for individuals. No new statutory rights of access to services are created for members of the public; the objects in clause 3 are aspirational statements rather than enforceable entitlements. The Act does not limit the executive power of the Commonwealth.
Money, penalties and enforcement
Clause 9 authorises the Secretary to charge fees for services provided in the performance of functions under the Act. Revenue received may be retained under section 74 of the Public Governance, Performance and Accountability Act 2013 to offset costs or returned to consolidated revenue. Any fee charged is declared to be a debt due to the Commonwealth and is recoverable by the Commonwealth in a court of competent jurisdiction. The Act contains no criminal offences, civil penalties or infringement notice provisions. Clause 13 expressly prohibits the rules from creating offences or civil penalties. Enforcement of fee debts therefore occurs through ordinary civil debt recovery proceedings rather than any specialised regime. No appropriation from the Consolidated Revenue Fund is made by the Act itself. The retrospective validation in clause 11 ensures that past revenue collection and contractual arrangements are treated as lawful, removing any question about the legal basis for amounts already received or committed. Cost recovery remains subject to the government's overarching Cost Recovery Guidelines and the requirement that fees not amount to taxation. No new reporting or transparency obligations beyond existing public governance requirements are imposed.
Pressure points and controversies
One legal trade-off lies in the retrospective validation of pre-existing arrangements under clause 11. While this provides certainty for ongoing contracts and past fee collection, it raises the general policy question of how far Parliament should go in deeming past executive action to have been within power. The requirement in clause 9(2) that fees must not amount to taxation creates a drafting and administrative boundary that the department must continue to observe when setting or adjusting charges. Another policy tension exists between the objects of supporting equitable access for people with limited English proficiency and the authorisation of fee-for-service arrangements for government and private clients. The Act does not resolve how any future expansion of paid services might interact with the free services that remain central to the scheme. Coordination with states and territories under paragraphs 8(1)(c), (d) and (g) requires ongoing intergovernmental agreement; the statutory framework supports but does not compel such arrangements. The limitation on the rules-making power in clause 13 prevents the Minister from using subordinate legislation to expand coercive or fiscal powers, preserving parliamentary oversight through the disallowance process. Because the bill was not referred to any policy committee and attracted limited non-government commentary during its passage, the practical implications of these design choices will emerge through administrative implementation rather than through legislative debate.
What changes if it passes
Now that the Act has passed and commenced, TIS National operates under explicit legislative authority rather than relying solely on executive power and the revenue retention provisions of the Public Governance, Performance and Accountability Act 2013. Fee charging for interpreting services has a clear statutory basis that addresses the authorisation gap identified in the 2015 Australian National Audit Office report. Pre-existing contracts and arrangements are validated, eliminating any residual legal uncertainty for the Commonwealth and its counterparties. The functions of the Secretary are enumerated in primary legislation, providing greater transparency about the scope of TIS National's activities, including its role in workforce development and national coordination with states and territories. The objects clause supplies a formal statement of purpose that can inform future policy development and judicial interpretation. Rules made under clause 13 will be legislative instruments subject to disallowance, introducing a new layer of parliamentary scrutiny for any additional operational prescriptions. Service delivery to clients, eligibility criteria for free services, and day-to-day engagement with interpreters remain unchanged. The framework is now entrenched in statute and can only be altered by subsequent legislation or through the limited rules-making power.
Social post angles
New statutory backing for TIS National clarifies fee authority without changing client services. The Act supplies the missing legislative foundation for charges that the 2015 audit said were needed. Interpreters gain formal recognition through the Secretary's training and development function under clause 8. The objects clause links today's services to the post-war immigration program in a single legislative statement. States and territories now have clearer statutory footing for arrangements with TIS National on national needs. Retrospective validation removes any lingering doubt about past contracts and revenue collection. The rules power is tightly constrained so it cannot create offences or new taxes. Extra-territorial application means the framework covers services delivered outside Australia when required.
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Considered by scrutiny committee (04/02/2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 2 of 2026
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
Key points
The Translating and Interpreting Services Bill 2025 (the Bill) will establish a new Act to provide a statutory framework for translating and interpreting services provided by the Department of Home Affairs.
The Bill establishes the functions of the Secretary in relation to translating and interpreting services and provides the Secretary with the authority to charge fees for such services.
Translating and interpreting services at the Australian Government level are provided by the Department of Home Affairs through the Translating and Interpreting Service (TIS National).
The government has stated that the Bill ‘supports arrangements that are already in place and does not seek to alter the way in which TIS National carries out its operations and provides services’ (Explanatory Memorandum, p. 11).
In 2015, an Australian National Audit Office report recommended, in order to provide a sound basis for TIS National’s charging of fees for interpreting services, that the department review the policy basis for setting the fees to internal and external clients; and take steps to comply with the applicable requirements and government guidelines (p. 50).
At the time of writing, the Bill had not been referred to or reported on by any parliamentary committees.
Introductory Info
Date of introduction: 26 November 2025
House introduced in: House of Representatives
Portfolio: Home Affairs
Commencement: The day after Royal Assent
Purpose of the Bill
The purpose of the Translating and Interpreting Services Bill 2025 (the Bill) is to establish a new Act to provide a statutory framework for translating and interpreting services provided by the Department of Home Affairs.
The Bill establishes the functions of the Secretary in relation to translating and interpreting services, including that the Secretary may charge fees for such services.
Background
Translating and interpreting services at the Australian Government level are provided by the Department of Home Affairs through the Translating and Interpreting Service (TIS National).
The function has been with the Immigration (later Home Affairs) portfolio since 1958, following the establishment of government translating services in 1947. The Emergency Telephone Interpreter Service was introduced in 1973 as a free interpreting service for migrants with no or limited English language proficiency. Services were progressively extended, and currently include:
the Free Interpreting Service for eligible service providers (such as health practitioners, local government services, and NGOs supporting essential services) to access interpreting services to interact with clients with limited or no English language proficiency
the Free Translating Service for permanent and selected temporary visa holders to have up to 10 eligible documents translated into English within 2 years of their visa grant
paid fee-for-service phone, video and in-person interpreting services (it does not provide a paid document translating service)
interpreting services for government agencies (including at the state and territory level), and internal interpreting services for Home Affairs functions.
These services are all provided by TIS National, which appoints National Accreditation Authority for Translators and Interpreters (NAATI) credentialled language practitioners.
The Explanatory Memorandum to the Bill states that TIS National has arrangements in place to support delivery of its services, including memorandums of understanding with state and territory governments, and a range of service agreements (p. 11). The Explanatory Memorandum emphasises that the Bill ‘supports arrangements that are already in place and does not seek to alter the way in which TIS National carries out its operations and provides services’ (p. 11).
There are other translating and interpreting services available, including at state and territory government level.
The legislative basis for TIS National’s charges
TIS National currently operates as a ‘cost recovery’ activity (p. 46). Cost recovery involves the Australian Government charging the non-government sector some or all of the efficient costs of a specific government activity. Broadly, under the fee-for-service model, the provider is charged the fee and generally an individual requiring an interpreter to access eligible services is not charged. However, some private providers may pass fees onto clients (Explanatory Memorandum, p. 14).
Most money received by non-corporate Commonwealth entities is treated as unappropriated general government revenue (that is, administered receipts) and must be remitted to the primary central bank account of the Australian Government called the Official Public Account (OPA), which is part of a set of bank accounts called the OPA Group (p. 5). However, under section 74 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), agencies are able to retain revenue collected for activities authorised under section 27 of the Public Governance, Performance and Accountability Rule 2014 (often referred to as ‘retainable receipts’).
Section 74 of the PGPA Act only provides for the receipt of revenue and does not provide the legislative authority to charge a fee. According to the Department of Finance’s Resource Management Guide for Retainable Receipts (p. 5), for an agency to be able to retain and spend amounts received, it requires both:
legislative authority in an Act, rule, instrument or other subordinate law and
policy authority from Cabinet or the Prime Minister.
In a 2015 ANAO audit into the Department’s Management of Interpreting Services, the ANAO noted that the department had ‘been unable to locate authorisation for its current charging approach’ and that the Department of Finance had advised ‘that in this situation a new authority should be sought from government’ (p. 46). The ANAO also found that TIS National’s cost recovery activities did not align with the criteria provided in the government’s Cost Recovery Guidelines as TIS National had been recovering amounts in excess of its costs (pp. 46-49).
In order to provide a sound basis for TIS National’s charging of fees for interpreting services, the ANAO recommended that the department review the policy basis for setting the fees to internal and external clients; and take steps to comply with the applicable requirements and government guidelines (p. 50). While the department agreed with the ANAO’s recommendations, it did not specifically address the authorisation issue in its response (p. 50).
Policy position of non-government parties/independents
At time of writing the Digest, no non-government parties/independents had commented on the Bill.
Key provisions
The purpose of the Bill is to provide a legislative framework for TIS National’s functions and to support its ongoing operations.
Clause 3 sets out the objects of the Bill, which include:
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
to provide for translating and interpreting services to support government functions
to provide for translating and interpreting services to support equitable access to key services for people with limited English language proficiency and
in coordination with the states and territories, to provide services to address national translation and interpretation needs that would not otherwise be met.
Clause 8 sets out the functions of the Secretary. These include enabling the Secretary to provide or arrange for the provision of translating or interpreting services at the Commonwealth or state or territory level for government, non-government and private sector entities, and anything else that may be incidental in performing those functions. The Secretary will also be responsible for developing and training translators and interpreters to support the functions of TIS National.
Clause 9 would provide an express statutory basis for the Secretary (or their delegate) to charge fees for the services of TIS National provided these fees do not amount to taxation. According to the Explanatory Memorandum (p. 4):
Any revenue raised through the provision of the services may be retained in accordance with section 74 of the Public Governance, Performance and Accountability Act 2013 to offset the cost of providing the service or returned to consolidated revenue as appropriate.
Clause 11 will retrospectively validate any arrangements entered into before the commencement of the provisions.
The Minister will have the power to make rules prescribing matters required or permitted by the legislation, or necessary or convenient to be prescribed for carrying out or giving effect to the Bill (clause 13). These rules would be subject to disallowance. The Secretary is empowered to perform any other function relating to translation and interpretation as specified in the rules (paragraph 8(1)(i)).
Links
The links to the Translating and Interpreting Services Bill 2025, its Explanatory Memorandum and second reading speech can be found on the Bill’s home page, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of January 2026.
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An Act to provide for translating and interpreting functions, and for related purposes
Contents
Part 1,Preliminary 2
1 Short title 2
2 Commencement 2
3 Objects 2
4 Simplified outline of this Act 3
5 Definitions 3
6 Extension to external Territories 3
7 Extra‑territorial application 3
Part 2,Functions 4
8 Functions 4
9 Fees 5
10 Executive power of the Commonwealth 6
Part 3,Miscellaneous 7
11 Pre‑existing arrangements 7
12 Delegation by Secretary 8
13 Rules 8
Translating and Interpreting Services Act 2026
No. 40, 2026
An Act to provide for translating and interpreting functions, and for related purposes
[Assented to 8 April 2026]
The Parliament of Australia enacts:
Part 1,Preliminary
1 Short title
This Act is the Translating and Interpreting Services Act 2026.
2 Commencement
(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.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this Act
The day after this Act receives the Royal Assent.
9 April 2026
Note: 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.
(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.
3 Objects
The objects of this Act are:
(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
(b) to provide for translating and interpreting services to support government functions; and
(c) to provide for translating and interpreting services to support equitable access to key services for people with limited English language proficiency; and
(d) in coordination with the States and Territories, to provide services to address national translation and interpretation needs that would not otherwise be met.
4 Simplified outline of this Act
The Secretary has functions in relation to provision of translating and interpreting services for certain purposes.
The Secretary may charge fees for services provided under this Act.
5 Definitions
In this Act:
rules means the rules made under section 13.
Secretary means the Secretary of the Department.
6 Extension to external Territories
This Act extends to the external Territories.
7 Extra‑territorial application
This Act extends to acts, omissions, matters and things outside Australia.
Part 2,Functions
8 Functions
(1) The Secretary has the following functions:
(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;
(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;
(c) to provide, or arrange for the provision of, translating and interpreting services to:
(i) a State or a Territory; or
(ii) an agency, authority, body, organisation or office holder of a State or a Territory;
under an arrangement with the State or Territory;
(d) to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with:
(i) a State or a Territory; or
(ii) an agency, authority, body, organisation or office holder of a State or a Territory;
under an arrangement with the State or Territory;
(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);
(f) to provide, or arrange for the provision of, translating and interpreting services for the primary purpose of assisting the following persons:
(i) aliens;
(ii) persons who have migrated to Australia;
(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;
(h) to develop, train and support translators and interpreters to provide services for the purposes of the above functions;
(i) any other functions relating to translation and interpretation specified in the rules;
(j) to do anything else that is incidental or conducive to the performance of any of the above functions.
(2) Paragraphs (1)(a) to (j) do not limit each other.
(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.
(4) The functions of the Secretary under this Act may be performed within or outside Australia.
(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.
(6) The Secretary’s powers include, but are not limited to, the following powers:
(a) the power to make, enter into, vary and administer arrangements, contracts, agreements and deeds;
(b) the power to engage contractors and consultants.
9 Fees
(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.
(2) A fee must not be such as to amount to taxation.
(3) A fee charged under subsection (1):
(a) is a debt due to the Commonwealth; and
(b) is recoverable by the Commonwealth in a court of competent jurisdiction.
10 Executive power of the Commonwealth
This Part does not limit the executive power of the Commonwealth.
Part 3,Miscellaneous
11 Pre‑existing arrangements
Action before commencement of this section
(1) This section applies if, at a time (the relevant time) before the commencement of this section:
(a) the Commonwealth purported to make, vary or administer an arrangement for the purposes of, or for purposes incidental to:
(i) providing, or arranging for the provision of, a relevant service; or
(ii) developing, training or supporting translators or interpreters to provide a relevant service; and
(b) the Commonwealth did not (apart from this section) have the power to make, vary or administer that arrangement.
(2) The Commonwealth is taken to have had, at the relevant time, the power to make, vary or administer that arrangement.
Action after the commencement of this section
(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:
(a) providing, or arranging for the provision of, a relevant service; or
(b) developing, training or supporting translators or interpreters to provide a relevant service.
Arrangements with States and Territories
(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.
Definitions
(5) In this section:
arrangement includes a contract, agreement or deed.
make, in relation to an arrangement, includes enter into.
relevant service means a service mentioned in any of paragraphs 8(1)(a) to (g).
12 Delegation by Secretary
(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.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
Directions to delegate
(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).
(3) The Secretary may, in writing, give directions for the purposes of subsection (2).
13 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;