Australian Passports Amendment Determination 2006 (No. 1)

Overview

The Australian Passports Amendment Determination 2006 (No.1) was enacted to update the fee schedule for Australian passports, aligning with a government decision to increase travel document fees by 9 per cent effective from 1 July 2006. This amendment was introduced to offset the approved measure aimed at strengthening consular and overseas crisis response capabilities. The determination, which incorporates the new fee schedule as Schedule 4 into the Australian Passports Determination 2005, was made under the authority granted by Section 57 of the Australian Passports Act 2005. The Australian Passports Amendment Determination 2006 (No.1) was issued by the Minister for Foreign Affairs and serves as a legislative instrument under the Legislative Instruments Act 2003. The increase in fees was additionally influenced by an annual adjustment in line with the Consumer Price Index (CPI).

Scope and Application

The Australian Passports Amendment Determination 2006 (No.1) applies to individuals who are applying for, or renewing, Australian passports. It sets out the updated fees for these services, which are to be applied from 1 July 2006. The fees have been adjusted to reflect a 9 per cent increase, as announced by the Federal Government in May 2006, intended to support the Strengthening Consular and Overseas Crisis Response Capabilities measure. Additionally, the fees are subject to annual adjustments according to the Consumer Price Index (CPI). This Determination is a legislative instrument made under the authority granted by Section 57 of the Australian Passports Act 2005 and operates within the legislative framework established by the Legislative Instruments Act 2003. The amendment does not specify any exclusions, exemptions, or thresholds beyond the general application to passport-related fees. The scope of the Determination is limited to Commonwealth jurisdiction, applying across Australia and to Australian citizens and residents.

Key Provisions

The Australian Passports Amendment Determination 2006 (No.1) introduces a new fee schedule, effective from 1 July 2006, as outlined in Schedule 4 (s.3). This amendment responds to the Federal Government's announcement in May 2006, which mandated a 9% increase in travel document fees. This increase was implemented to support the approved measure: Strengthening Consular and Overseas Crisis Response Capabilities. Additionally, the fees are subject to annual adjustments aligned with the Consumer Price Index (CPI). Section 57 of the Australian Passports Act 2005 empowers the Minister for Foreign Affairs to make such determinations regarding travel document fees. The Amendment Determination imposes specific obligations on the entities and parties it governs. These obligations include adherence to the newly established fee schedule, ensuring that all passport application fees are updated and charged accordingly from the effective date (s.3). The Department of Foreign Affairs and Trade, responsible for issuing passports, must implement these fee changes in their operational procedures. Any entities or agents facilitating passport applications on behalf of the Department must also comply with these new fees as stipulated in the Determination. Breaches of the provisions under this Determination can lead to various consequences, both civil and criminal. For instance, Section 6 of the Legislative Instruments Act 2003 provides for penalties where there is non-compliance with legislative instruments. The specific penalties for not adhering to the new fee schedule are not detailed in the explanatory statement, but they can include fines or other sanctions as prescribed by relevant legislation. Furthermore, fraudulent activities or misrepresentations in the application process could result in more severe penalties, potentially including criminal charges. It is important for all parties involved to ensure strict compliance with the new fee structure and related provisions to avoid any legal repercussions.