Australian Passports Amendment Determination 2008 (No. 1)

Overview

The Australian Passports Amendment Determination 2008 (No. 1) was enacted to introduce a new fee schedule for travel documents under the Australian Passports Determination 2005. Effective from 1 July 2008, the Determination was introduced by the Minister for Foreign Affairs under the authority granted by section 57 of the Australian Passports Act 2005 and section 8 of the Australian Passports (Application Fees) Act 2005. The Determination was made in response to the need to update fees in accordance with inflation and operational costs, and it was announced by the Treasurer in his 2008 Budget speech on 13 May 2008. The new fees reflect an increase of 4%, slightly above the Consumer Price Index (CPI) increase of 2.8%, with the maximum increase for an individual travel document being $8.00. The policy objective is to ensure that the fees for passport services remain aligned with economic conditions while supporting the administrative costs associated with the issuance of passports. This legislative instrument was made under the Legislative Instruments Act 2003, and consultation with the Department of Treasury was undertaken prior to its enactment.

Scope and Application

The Australian Passports Amendment Determination 2008 (No. 1) applies to the fees for travel documents issued under the Australian Passports Act 2005. This amendment introduces a new fee schedule that became effective from 1 July 2008, reflecting an increase of 4% over the Consumer Price Index (CPI) increase of 2.8%. The Determination specifies the financial obligations for individuals and entities applying for or renewing Australian passports and other travel documents. The application of this Determination extends across the Commonwealth of Australia, thereby affecting all applicants nationwide. The Determination does not specify any exclusions or exemptions; however, the fees apply to all eligible persons and entities seeking travel documents as outlined in the Australian Passports Act 2005. The authority to adjust fees is derived from Section 57 of the Australian Passports Act 2005 and Section 8 of the Australian Passports (Application Fees) Act 2005, empowering the Minister for Foreign Affairs to enact such changes. This legislative instrument adheres to the provisions of the Legislative Instruments Act 2003, and the process involved consultation with the Department of Treasury.

Key Provisions

The Australian Passports Amendment Determination 2008 (No. 1) (the Determination) introduces a new fee schedule (Schedule 4) into the Australian Passports Determination 2005 (the Determination, Schedule 4). The new fees, which take effect from 1 July 2008, were announced by the Treasurer in his 2008 Budget speech on 13 May 2008. The new fees represent an increase of 4%, which is higher than the Consumer Price Index (CPI) increase of 2.8% for that period. The maximum fee increase for an individual travel document is $8.00, which would have been $6.00 if the CPI increase had been applied. This increase is authorised under section 57 of the Australian Passports Act 2005 and section 8 of the Australian Passports (Application Fees) Act 2005, which give the Minister for Foreign Affairs the authority to make determinations regarding travel document fees. The Determination imposes obligations on the Minister for Foreign Affairs to set fees for travel documents as per the newly introduced fee schedule (Schedule 4). This includes ensuring that all fees comply with the legislative requirements and are properly reflected in the relevant Acts. The Determination also requires that the new fees be implemented from 1 July 2008 and that any public notices or changes to the fee structure be communicated appropriately to the public and relevant stakeholders. Furthermore, the Minister must ensure that the fees are collected in accordance with the Australian Passports Determination 2005 and any other applicable laws. Breaches of the provisions set out in the Determination could potentially lead to legal consequences. Under the Legislative Instruments Act 2003, any failure to comply with the Determination could result in civil or criminal penalties, depending on the nature and severity of the breach. However, the specific consequences and penalties are not detailed within the Determination itself, and would be subject to the broader legal framework governing the enforcement of legislative instruments. The maximum penalties for offences under the Australian Passports Act 2005 and the Australian Passports (Application Fees) Act 2005 can vary, but may include fines and, in some cases, imprisonment for serious breaches. The precise penalties would be determined by the courts based on the specific circumstances of any breach.