Australian Passports Amendment Determination 2005 (No. 1)
EXPLANATORY STATEMENT
AUSTRALIAN PASSPORTS ACT 2005
Issued by the authority of the
Minister for Foreign Affairs
Subsection 47(1) of the Australian Passports Act 2005 (the Act) provides that the Minister for Foreign Affairs may determine methods (including technologies) for the purposes of confirming the validity of evidence of the identity of an applicant for an Australian travel document or a person to whom an Australian travel document has been issued, or for performing other functions in connection with the Act.
Subsection 47(3) of the Act provides that if the determination relates to the use of personal information, the determination must specify the nature of the personal information and the purposes for which it may be used.
The Australian Passports Amendment Determination 2005 (No. 1) (the Determination) provides for the use of biometrics and ePassports for the purpose of confirming identity, and sets out application fees for Australian travel documents incorporating biometrics. It amends the Australian Passports Determination 2005.
Paragraph 7.6(1)(a) sets out a method for using biometrics to confirm the identity of an applicant for an Australian travel document. A photograph of the applicant, provided by the applicant, is digitised and converted to a machine readable form. It can then be compared with other digitised photographs in the Australian passport database to prevent fraudulent applications.
Paragraph 7.6(1)(b) sets out a method for using biometrics to confirm the identity of a holder of an Australian ePassport or other travel document once the document has been issued. It provides that the biometric information obtained from an individual’s passport photograph will be stored in a contactless chip embedded in the travel document. The manufacture of the chip and the secure storage of information on it must accord with standards developed by the International Civil Aviation Organisation (ICAO) in the exercise of its functions under the Convention on International Civil Aviation.
A note to paragraph 7.6(1) provides that the methods described in the Determination will be implemented in a manner consistent with the privacy principles and policies embodied in the Privacy Act 1988, including the Information Privacy Principles set out in section 14 of that Act.
Paragraph 7.6(2) provides that the personal information contained on the data page of the Australian travel document, set out in item 1 of Schedule 2 of the Australian Passports Determination 2005, may be used for the purposes described in paragraphs 7.6(1)(a) and (b). This paragraph ensures that the Determination satisfies the requirements of subsection 47(3) of the Act.
The Determination also inserts a new fee schedule (Schedule 4) for ePassports and Australian travel documents incorporating biometrics into the Australian Passports Determination 2005. The schedule will replace the existing schedule upon the introduction of biometrics into Australian travel documents. Government policy is that the application fees for travel documents specified in Schedule 4 are indexed annually by a formula based on the All Groups Consumer Price Index (CPI, being the weighted average of the 8 capital cities).
The Determination commences on the day after it is registered.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Australian Passports Amendment Determination 2005 (No. 1) was enacted to address the need for improved identity verification and security measures for Australian travel documents, particularly in the context of international travel. This determination was introduced by the Minister for Foreign Affairs under the authority granted by the Australian Passports Act 2005. It specifies the use of biometrics and ePassports to enhance the integrity of Australian travel documents and to prevent fraudulent applications. The policy objective of the determination is to align with international standards, particularly those set by the International Civil Aviation Organisation, and to ensure the secure storage and use of personal information in accordance with the Privacy Act 1988. The Determination also updates the application fees for travel documents to reflect the introduction of biometrics and ePassports, ensuring that these fees are indexed annually based on the Consumer Price Index.
Scope and Application
The Australian Passports Amendment Determination 2005 (No. 1) amends the Australian Passports Determination 2005 to incorporate the use of biometrics and ePassports for identity confirmation, aligning with the Australian Passports Act 2005. This determination applies to all applicants for Australian travel documents and holders of Australian travel documents, including ePassports. It specifies the use of digitised photographs for confirming identity to prevent fraudulent applications and mandates the storage of biometric information in a contactless chip within the travel document, adhering to standards set by the International Civil Aviation Organisation. The personal information used is governed by the privacy principles and policies outlined in the Privacy Act 1988. Additionally, the Determination introduces a new fee schedule for ePassports and travel documents incorporating biometrics, replacing the existing schedule upon implementation. This legislative instrument operates under the Legislative Instruments Act 2003 and comes into effect the day after its registration.
Key Provisions
The Australian Passports Amendment Determination 2005 (No. 1) (the Determination) amends the Australian Passports Determination 2005 to allow the use of biometrics and ePassports for identity confirmation purposes. Paragraph 7.6(1)(a) details a method for using biometrics to confirm the identity of applicants for Australian travel documents. This involves digitising and converting a photograph of the applicant into a machine-readable form. This digitised photograph can then be compared with other photographs in the Australian passport database to prevent fraudulent applications. Paragraph 7.6(1)(b) describes how biometrics are used to confirm the identity of holders of Australian ePassports or other travel documents once they have been issued. The biometric information from the passport photograph is stored in a contactless chip embedded in the travel document. The manufacture of the chip and the secure storage of information on it must comply with standards developed by the International Civil Aviation Organisation (ICAO) under the Convention on International Civil Aviation.
The Determination also specifies that personal information contained on the data page of the Australian travel document, as outlined in item 1 of Schedule 2 of the Australian Passports Determination 2005, may be used for the purposes described in paragraphs 7.6(1)(a) and (b). This ensures that the Determination satisfies the requirements of subsection 47(3) of the Australian Passports Act 2005. Additionally, the Determination introduces a new fee schedule (Schedule 4) for ePassports and Australian travel documents incorporating biometrics. This schedule will replace the existing fee schedule upon the introduction of biometrics into Australian travel documents. Government policy dictates that the application fees specified in Schedule 4 are indexed annually based on the All Groups Consumer Price Index (CPI), which is the weighted average of the eight capital cities.
The Determination imposes specific obligations on parties involved in the issuance and use of Australian travel documents. For instance, applicants for Australian travel documents must provide a digitised photograph of themselves, which will be used for biometric identity confirmation. The Department of Foreign Affairs and Trade is responsible for ensuring that the biometrics system is implemented in a manner consistent with the Privacy Act 1988. This includes adhering to the Information Privacy Principles set out in section 14 of the Privacy Act. The secure storage and manufacture of the contactless chip in ePassports must comply with ICAO standards to ensure data integrity and security.
Failure to comply with the requirements set out in the Determination may result in legal consequences. While the Determination itself does not specify particular offences or penalties, breaches of the Australian Passports Act 2005 or the Privacy Act 1988 could lead to criminal or civil penalties. For example, unauthorised use or disclosure of personal information may result in fines or imprisonment under the Privacy Act. Furthermore, the manufacture or use of non-compliant ePassports could lead to regulatory action under the Australian Passports Act. The maximum penalties for offences under the Australian Passports Act can include substantial fines and imprisonment, depending on the nature and severity of the breach.