Passports Regulations (Amendment) (Cth)
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I, The
Governor-General of the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, make the following Regulations under
the
Dated 27 June 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. McMULLAN
Minister for Trade for the
Minister for Foreign Affairs
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1.1 These Regulations commence on 1 July 1995.
2.1 The Passports Regulations are amended as set out in these Regulations.
3.1 Omit the definition of “authorized officer”, substitute:
“
4.1 Omit “authorized officer”, substitute “authorised officer”.
5.1 Paragraph 5 (1) (a):
After “Australian passport,”, insert “a convention travel document,”.
5.2 Paragraph 5 (1) (c):
After “endorsement of a”, insert “convention travel document,”.
5.3 Subregulation 5 (2):
Omit “authorized officer”, substitute “authorised officer”.
6.1 Subregulations 7 (1) and (1A):
Omit “authorized officer”, substitute “authorised officer”.
7.1 After regulation 7, insert:
(1) An authorised officer in Australia may issue a convention travel document to a person who is present in Australia if the person:
(a) is not an Australian citizen; and
(b) is a refugee recognised under the Convention relating to the Status of Refugees dated 28 July 1951 and in force in Australia from 22 April 1954 and the Protocol in force under that Convention (in this regulation collectively called ‘the Convention’); and
qualifies under subregulation (2) or (3).
A person qualifies under this subregulation if the person is lawfully resident in Australia or otherwise lawfully staying in Australia.
A person qualifies under this subregulation if the person:
(a) is not lawfully resident in Australia; and
(b) is unable to obtain a travel document from the country of his or her lawful residence.
A convention travel document has effect for a period ending at the expiration of a day specified by the officer in the document, being:
(a) in the case of a document issued to a person who qualifies under subregulation (2)—a day not later than 2 years after the day on which the document is issued; or
(b) in the case of a document issued to a person who qualifies under subregulation (3)—a day not later than 1 year after the day on which the document is issued.
An authorised officer in an overseas country may renew or extend for a period of 6 months a convention travel document issued to a person who qualifies under subregulation (2).
In this regulation, a reference to residence or staying in a country (including Australia), in relation to a person, has the meaning that it has in the Convention.”.
8.1 Subregulation 9 (1):
Omit the subregulation, substitute:
An authorised officer may issue a certificate of identity to a person who:
(a) is not an Australian citizen; and
(b) is about to leave Australia; and
(c) is:
(i) stateless; or
(ii) unable to obtain a passport from a consular representative of the country of which the person claims to be a national.”.
8.2 Subregulations (1A) and (2):
Omit “authorized officer” (wherever occurring), substitute “authorised officer”.
8.3 Subregulation 9 (3):
Omit the subregulation.
9.1 Omit “authorized officer” (wherever occurring), substitute “authorised officer”.
10.1 Subregulation 11 (1):
After “a reference to” (second occurring), insert “a convention travel document issued under regulation 8,”.
10.2 Subregulations 11 (2), (3) and (4):
Omit “authorized officer” (wherever occurring), substitute “authorised officer”.
10.3 Subregulation 11 (5):
Omit “an authorized officer may endorse”, insert “an authorised officer may endorse a convention travel document,”.
11.1 Subregulation 14 (1) (definition of “Ministerial decision”, paragraph (b)):
Omit “authorized officer”, substitute “authorised officer”.
11.2 Subregulation 14 (1) (definition of “reviewable decision”):
Omit the definition, substitute:
“
(a) a decision under subregulation 5 (2) to require an applicant to furnish further evidence;
(b) a decision under regulation 8 to issue or renew a convention travel document;
(c) a decision under regulation 8 not to issue or renew a convention travel document;
(d) a decision under regulation 9 to issue or renew a certificate of identity;
(e) a decision under regulation 9 not to issue or renew a certificate of identity;
(f) a decision under regulation 10 to issue or renew a document of identity for travel purposes;
(g) a decision under regulation 10 not to issue or renew a document of identity for travel purposes;
(h) a decision under regulation 11 to endorse an Australian passport, a convention travel document, a certificate of identity or a document of identity for travel purposes;
(i) a decision under regulation 11 not to endorse an Australian passport, a convention travel document, a certificate of identity or a document of identity for travel purposes.”.
12.1 After “Solomon Islands”, insert “South Africa”.
13.1 Omit the Schedule, substitute:
FEES
| Column 1 Item No. | Column 2 Matter | Column 3 Fee |
$ | ||
1 | Issue to a person (other than a prescribed minor) of an Australian passport of 36 pages | 106 |
2 | Issue to a prescribed minor of an Australian passport of 36 pages | 53 |
3 | Issue to a person (other than a prescribed minor) of an Australian passport of 68 pages | 159 |
4 | Issue to a prescribed minor of an Australian passport of 68 pages | 80 |
5 | Observation made after the issue of a passport | 7 |
6 | Issue of a certificate of identity | 64 |
7 | Issue of a document of identity | 21 |
8 | Renewal of a certificate of identity | 7 |
9 | Renewal of a document of identity | 7 |
10 | Issue of a convention travel document | 64 |
11 | Renewal of a convention travel document | 7 |
1. Notified in the
Commonwealth of Australia Gazette on 30 June 1995.2. 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; 1985 No. 277; 1986 Nos. 25 and 212; 1987 No. 217; 1988 No. 147; 1989 Nos. 39 and 133; 1990 No. 225; 1991 No. 204; 1992 Nos. 211 and 296; 1993 No. 157; 1994 No. 205.
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