Compilation #0 | Effective 2026-04-08
FRBR Work URI: /akn/au/act/2026/40
This Act is the Translating and Interpreting Services Act 2026.
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.
Note: This table relates only to the provisions of this Act as originally enacted.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.
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.
The objects of this Act are:
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
to provide for translating and interpreting services to support government functions; and
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.
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.
In this Act:
rules means the rules made under section 13.
Secretary means the Secretary of the Department.
This Act extends to the external Territories.
This Act extends to acts, omissions, matters and things outside Australia.
The Secretary has the following functions:
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;
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;
to provide, or arrange for the provision of, translating and interpreting services to:
a State or a Territory; or
an agency, authority, body, organisation or office holder of a State or a Territory;
under an arrangement with the State or Territory;
to provide, or arrange for the provision of, translating and interpreting services to facilitate communication by a person with:
a State or a Territory; or
an agency, authority, body, organisation or office holder of a State or a Territory;
under an arrangement with the State or Territory;
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);
to provide, or arrange for the provision of, translating and interpreting services for the primary purpose of assisting the following persons:
aliens;
persons who have migrated to Australia;
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;
to develop, train and support translators and interpreters to provide services for the purposes of the above functions;
any other functions relating to translation and interpretation specified in the rules;
to do anything else that is incidental or conducive to the performance of any of the above functions.
Paragraphs (1)(a) to (j) do not limit each other.
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.
The functions of the Secretary under this Act may be performed within or outside Australia.
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.
The Secretary’s powers include, but are not limited to, the following powers:
the power to make, enter into, vary and administer arrangements, contracts, agreements and deeds;
the power to engage contractors and consultants.
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.
A fee must not be such as to amount to taxation.
A fee charged under subsection (1):
is a debt due to the Commonwealth; and
is recoverable by the Commonwealth in a court of competent jurisdiction.
This Part does not limit the executive power of the Commonwealth.
Action before commencement of this section
(1) This section applies if, at a time (the relevant time) before the commencement of this section:
the Commonwealth purported to make, vary or administer an arrangement for the purposes of, or for purposes incidental to:
providing, or arranging for the provision of, a relevant service; or
developing, training or supporting translators or interpreters to provide a relevant service; and
the Commonwealth did not (apart from this section) have the power to make, vary or administer that arrangement.
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
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:
providing, or arranging for the provision of, a relevant service; or
developing, training or supporting translators or interpreters to provide a relevant service.
Arrangements with States and Territories
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
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).
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
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).
The Secretary may, in writing, give directions for the purposes of subsection (2).
The Minister may, by legislative instrument, make rules prescribing matters:
required or permitted by this Act to be prescribed by the rules; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
To avoid doubt, the rules may not do the following:
create an offence or civil penalty;
provide powers of:
arrest or detention; or
entry, search or seizure;
impose a tax;
set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
directly amend the text of this Act.
[Minister’s second reading speech made in—
House of Representatives on 26 November 2025
Senate on 5 February 2026]
(110/25)