Australian Passports Amendment Determination 2010 (No. 2)

Overview

The Australian Passports Amendment Determination 2010 (No. 2) was enacted to update the fees for Australian travel documents as stipulated in the Australian Passports (Application Fees) Act 2005. This legislation was introduced to address the need for updating fees, which had not been adjusted since the original Australian Passports Determination 2005. The amendment responds to the government's commitment to increase passport fees prior to the August 2010 election, reflecting the year-average growth in the Consumer Price Index since the last fee increase in July 2008. Additionally, the Amendment Determination introduces an automatic annual indexation of fees for travel documents from 1 January 2012, based on the All Groups Consumer Price Index. This measure ensures that the fees keep pace with inflation, maintaining the financial sustainability of the passport application process. The determination was made under the Legislative Instruments Act 2003, and while it adjusts fees, it does not significantly affect business operations or competition.

Scope and Application

The Australian Passports Amendment Determination 2010 (No. 2) applies to individuals and entities seeking Australian travel documents, such as passports, who are subject to the fees specified under the Australian Passports (Application Fees) Act 2005. This legislative instrument extends to the Commonwealth of Australia and affects all applicants nationwide. The primary purpose of the Amendment Determination is to adjust and index the fees for various types of travel document applications, reflecting economic changes and the government's fiscal commitments. Specifically, it replaces the existing fees schedule with a new one that increases the fees effective from 1 January 2011, aligning with the government's pre-election promise. The Amendment Determination also introduces automatic annual indexation of fees from 1 January 2012, using a formula based on the All Groups Consumer Price Index for the eight capital cities. While the instrument primarily concerns the financial aspects of travel document applications, it does not restrict competition or significantly impact businesses, thereby exempting it from certain consultation requirements under the Legislative Instruments Act 2003.

Key Provisions

The Australian Passports Amendment Determination 2010 (No. 2) introduces a new fees schedule, as detailed in Schedule 4, which replaces the existing fees schedule in the Australian Passports Determination 2005. This amendment (section 3) is a response to the rising costs associated with issuing Australian travel documents and aligns with the government's pre-election commitment to adjust fees. The new fees, effective from 1 January 2011, include an increase in the ordinary adult passport application fee from $208 to $226, calculated based on the Consumer Price Index average growth since the last increase in July 2008. Other travel document fees are also being increased by the same percentage, with additional fees for replacing lost or stolen documents and priority processing rising from $69 and $78 respectively to $100 each (section 4). Under the Amendment Determination, there are several obligations imposed on applicants for Australian travel documents. Firstly, applicants must pay the fees as specified in the new Schedule 4, which reflects the updated costs of issuing these documents (section 3). The increased fees for different categories of travel documents are clearly outlined, ensuring applicants are aware of the financial requirements. Additionally, the Amendment Determination mandates that fees for travel documents will be automatically indexed annually from 1 January 2012. This indexing will be based on the All Groups Consumer Price Index, ensuring that fee adjustments keep pace with inflation (section 5). The Amendment Determination includes provisions for the enforcement of the new fees schedule and the consequences of non-compliance. While the explanatory statement does not detail specific offences or penalties, it is implicit that failure to pay the prescribed fees when applying for a travel document could result in legal consequences. Typically, non-compliance with fee requirements in such legislation could lead to civil or administrative penalties, including fines or the refusal of the travel document application. However, the precise nature and maximum penalties for such breaches are not explicitly stated in the provided text, leaving the exact consequences subject to the broader legal framework governing passport applications. The Amendment Determination is a legislative instrument governed by the Legislative Instruments Act 2003. This Act allows for the creation of instruments that implement decisions to adjust taxes, fees, or charges, as per the government's budget announcements (section 18). Given the nature of the Amendment Determination, which primarily adjusts fees without substantial indirect effects on business or competition, the rule-maker may determine that consultation is unnecessary or inappropriate. Nonetheless, the Department of Finance and Deregulation and the Treasury have been consulted to ensure the changes are well-considered and aligned with broader policy objectives.