Australian Passports Amendment Determination 2007 (No. 2)

EXPLANATORY STATEMENT

The Determination relates to Child Care Protection Orders.  Part 2, Section 2.1 of the Australian Passports Determination 2005 will be amended.

The requested amendment will permit recognition of an order of a State or Territory court, made under a child welfare law that grants parental responsibility or guardianship of a child to (i) a parent of the child other than the non-consenting parent; or (ii) a person other than a parent of the child.

The Department consulted with all State authorities responsible for children and young persons (care and protection Acts).

Section 57 of the Australian Passports Act 2005 gives the Minister for Foreign Affairs the authority to make determinations regarding the welfare of children.

The Determination is a legislative instrument for the purpose of the Legislative Instruments Act 2003.