Passport Regulations (Amendment) (Cth)
I, THE Governor-General of
the Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the
Dated 21 October 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Susan Ryan
Minister of State for Resources and Energy
for and on behalf of the
Minister of State for Foreign Affairs
“ ‘Commonwealth country’ means a country referred to in Schedule 1;
‘the Act’ means the
Passports Act 1938. ”.
(S.R. 135/85)—Cat. No. 10/18.9.1985
“7. (1) Where an authorized officer issues an Australian passport, the day on which the validity of the passport will expire shall be a day specified by that officer in the passport, being a day not later than 5 years after the day on which the passport is issued.
“(2) An authorized officer may, from time to time, renew an Australian passport by extending the period of the validity of the passport until a day specified by that officer in the passport, being a day not later than 5 years after the day on which the passport is issued.”
(a) by omitting from sub-regulation (1) “alien” and substituting “person, not being an Australian citizen”;
(b) by inserting after sub-regulation (1) the following sub-regulation:
“(1a) Where an authorized officer issues a certificate of identity under sub-regulation (1), the certificate shall be issued in respect of a period ending at the expiration of a day specified by the officer in the certificate, being a day not later than 5 years after the day on which the certificate is issued.”; and
(c) by omitting from sub-regulation (2) all the words after “certificate for” and substituting “a further period ending at the expiration of a day specified by the officer in the certificate, being a day not later than 5 years after the day on which the certificate was issued.”.
(a) by omitting from sub-regulation (1) all the words after “a person” and substituting—
“, being—
(a) in a case where the issue of an Australian passport to the person is unnecessary or undesirable—an Australian citizen; or
(b) a person who possesses the nationality of a Commonwealth country.”;
(b) by inserting after sub-regulation (1) the following sub-regulation:
“(1a) Where an authorized officer issues a document of identity under sub-regulation (1), the document shall be issued in respect of a period ending at the expiration of a day specified by the officer in that document, being a day not later than 5 years after the day on which the document is issued.”; and
(c) by omitting from sub-regulation (2) all the words after “under” and substituting “sub-regulation (1) in respect of a period, an authorized officer may renew that document for a further period ending at the expiration of a day specified by the officer in the document, being a day not later than 5 years after the day on which the document was issued.”.
“11. (1) In this regulation, a reference to an Australian passport shall be read as including a reference to a certificate of identity issued under regulation 9 or a document of identity issued under regulation 10.
“(2) In issuing an Australian passport, an authorized officer may endorse that passport in accordance with sub-regulation (4).
“(3) Where an Australian passport has been issued, an authorized officer may, at any time after the issue of the passport, endorse that passport in accordance with sub-regulation (4).
“(4) For the purposes of sub-regulation (2) or (3), an authorized officer may endorse an Australian passport—
(a) to reduce the period of the validity of the passport;
(b) to restrict the countries in respect of which the passport is valid;
(c) to make the passport valid in respect of countries for which, except for such endorsement, it would not be valid;
(d) to specify such particulars (other than particulars referred to in paragraph (e)) as the authorized officer thinks fit;
(e) subject to sub-regulations (5) to (8) (inclusive), to specify particulars in relation to a prescribed minor who is likely to travel with the person to whom the passport is issued.
“(5) An authorized officer may, unless the Minister otherwise directs, in each of the prescribed circumstances, endorse an Australian passport as referred to in paragraph (4) (e).
“(6) For the purposes of sub-regulation (5), the following are the prescribed circumstances:
(a) that the applicant for the endorsement furnishes to the authorized officer the consent to that endorsement of each person who, under a law of the Commonwealth or of a State or Territory, is entitled to custody or guardianship of, or access to, the minor;
(b) that the applicant for the endorsement furnishes to the authorized officer a copy of an order of a court made pursuant to a law of the Commonwealth or of a State or Territory permitting the minor to leave Australia;
(c) that the physical or mental welfare of the minor would be adversely affected if the endorsement were not made; or
(d) that—
(i) by reason of a family crisis, the endorsement is urgently required to enable the minor to travel outside Australia; and
(ii) if there is a person who, under a law of the Commonwealth or a State or Territory, is entitled to custody or guardianship of, or access to, the minor and the written consent of the person has not been obtained—that person cannot be readily contacted.
“(7) Where—
(a) an application has been made for the endorsement of an Australian passport as referred to in paragraph (4) (e); and
(b) the applicant has furnished to an authorized officer a written statement declaring that special circumstances exist by reason of which the endorsement should be made and setting out the particulars of those circumstances,
the authorized officer, where—
(c) the application and statement have been referred by the authorized officer to the approved senior officer; and
(d) the approved senior officer has given to the authorized officer written notice stating that special circumstances exist by reason of which the endorsement should be made,
may, unless the Minister otherwise directs, endorse the passport.
“(8) Where an Australian passport is endorsed pursuant to this regulation, the endorsement shall not be valid upon a day later than the day on which a prescribed minor referred to in the endorsement first attains the age of 18 years.”.
(a) by omitting sub-regulation (1) and substituting the following sub-regulation:
“(1) Subject to sub-regulation (2), there is payable in respect of a matter specified in Column 2 of an item in Schedule 2 the amount specified in Column 3 of that item.”; and
(b) omitting paragraph (2) (a) and substituting the following paragraphs:
“(a) Commonwealth Government officials travelling on official business;
(aa) spouses and children travelling at official expense while accompanying their spouses or parents, or travelling at official expense to join their spouses or parents abroad;”.
“14. (1) In this regulation—
‘decision’ has the same meaning as in the
Administrative Appeals Tribunal Act 1975 ;‘Ministerial decision’ means a decision by the Minister being—
(a) a decision under sub-regulation 13 (2) to grant an exemption from the payment of fees;
(b) a direction pursuant to regulation 4 in respect of a decision by an authorized officer under sub-regulation 5 (2) or 7 (2) or regulation 11;
(c) a decision under sub-regulation (2) of this regulation; or
(d) a decision under sub-regulation (4) of this regulation;
‘reviewable decision’ means—
(a) a decision by an authorized officer, being—
(i) a decision under sub-regulation 5 (2) to require an applicant to furnish further evidence;
(ii) a decision under sub-regulation 7 (2) not to extend the period of the validity of an Australian passport;
(iii) a decision under regulation 9 to issue or renew a certificate of identity;
(iv) a decision under regulation 9 not to issue or renew a certificate of identity;
(v) a decision under regulation 10 to issue or renew a document of identity for travel purposes;
(vi) a decision under regulation 10 not to issue or renew a document of identity for travel purposes;
(vii) a decision under regulation 11 to endorse an Australian passport; or
(viii) a decision under regulation 11 not to endorse an Australian passport; or
(b) a decision by the approved senior officer not to give a written notice pursuant to paragraph 11 (7) (d).
“(2) Where a reviewable decision is made, a person affected by the decision who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period) allows, make a written application to the Minister for the review of the decision by the Minister.
“(3) There shall be set out in the application under sub-regulation (2) the reasons for making the application.
“(4) Upon the receipt of an application under sub-regulation (2) for the review of a reviewable decision, the Minister shall review that decision and shall make a decision—
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.
“(5) Application may be made to the Administrative Appeals Tribunal for review of a Ministerial decision.
“(6) Where the Minister makes a decision under sub-regulation (4), the Minister shall give written notice of that decision, together with a statement of the reasons for the decision, to—
(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Minister or his delegate relates was given; and
(b) the person who made the application for the review of that reviewable decision.
“15. (1) Where the Minister makes a Ministerial decision within the
meaning of regulation 14 and gives to the person or persons whose interests are
affected by the decision notice in writing of the making of the decision, that
notice shall include a statement to the effect that, subject to the
“(2) Where a reviewable decision within the meaning of regulation 14 is made and notice of the making of the decision is given to the person or persons whose interests are affected by the decision, that notice shall include a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision—
(a) seek review of the decision by the Minister in accordance with sub-regulation 14 (2); and
(b) if he or she is dissatisfied with the decision upon that review—make application to the Administrative Appeals Tribunal for review of that last-mentioned decision.
“(3) Any failure to comply with the requirements of sub-regulation (1) or (2) in relation to a decision does not affect the validity of the decision.
“16. (1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing signed by the Minister, delegate to an officer of the Department his or her powers under regulation 14.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister.
“(3) A delegation under this regulation does not prevent the exercise of a power by the Minister.”.
ISSUE OF DOCUMENTS OF IDENTITY
COMMONWEALTH COUNTRIES
Antigua and Barbuda Australia The Bahamas Bangladesh Barbados Belize Botswana Brunei Canada Cyprus Dominica Fiji The Gambia Ghana Grenada Guyana India Jamaica Kenya Kiribati Lesotho Malawi Malaysia Maldives Malta | Mauritius Nauru New Zealand Nigeria Papua New Guinea St Christopher-Nevis St Lucia St Vincent and Grenadines Seychelles Sierre Leone Singapore Solomon Islands Sri Lanka Swaziland Tanzania Tonga Trinidad & Tobago Tuvalu Uganda United Kingdom Vanuatu Western Samoa Zambia Zimbabwe |
FEES
Column 1 | Column 2 | Column 3 |
Item | Matter | Amount |
1 | For the issue of an Australian passport........................................... | $30.00 |
2 | For the endorsement of an Australian passport made after the issue of the passport....................................................................................... | $2.50 |
3 | For the issue of a certificate of identity.......................................... | $30.00 |
4 | For the issue a document of identity.............................................. | $5.00 |
5 | For the renewal of a certificate of identity...................................... | $2.50 for each year or part of a year of renewal |
6 | For the renewal of a document of identity...................................... | $2.50 for each year or part of a year of renewal |
1. Notified in the
Commonwealth of Australia Gazette on 28 October 1985.2. Statutory Rules 1939 No. 47 as amended by 1945 No. 183; 1948 No. 52; 1949 Nos. 7 and 41; 1952 No. 67; 1956 No. 45; 1966 No. 100; 1969 No. 80; 1974 No. 181; 1976 No. 68; 1979 No. 80; 1981 No. 245; 1983 No. 37.
Printed by Authority by the Commonwealth Government Printer
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