Australian Passports Determination 2005
EXPLANATORY STATEMENT
AUSTRALIAN PASSPORTS AMENDMENT DETERMINATION 2015 (NO. 1)
Issued by the Authority of the Minister for Foreign Affairs
Authority
The Australian Passports Act 2005 (the Act) empowers the Minister for Foreign Affairs to issue Australian travel documents and perform related functions. Section 57 gives the Minister the authority to specify matters provided in the Act in a determination. The current determination made under this power is the Australian Passports Determination 2005 (the Determination). The Determination supports the operation of, and provides functional detail to, the Act.
Purpose
Summary of purpose
The Australian Passports Amendment Determination 2015 (No. 1) (the Amendment Determination) amends the Determination to establish an additional fee applicable to applications for full-validity passports lodged overseas. The purpose of this fee is to partially offset the significantly higher cost of processing a passport application overseas as opposed to processing one in Australia.
In 2015, the fee will be set at $100 for adult and senior overseas applications and $50 for child overseas applications, to be indexed with CPI. The fee is to come into force on 1 July 2015. Applications for emergency passports and travel-related documents will not attract the additional fee. The fee will affect approximately 100,000 Australian citizens applying for passports overseas each year, which equates to approximately five per cent of passports produced every year.
Financial impact
The effect of the Amendment Determination will be to raise an estimated average of $7 million per year for the Commonwealth over the forward estimates.
Regulatory impact
The Amended Determination will impose no regulatory impact on Australian citizens or businesses.
Consultation
Consultation has been conducted with the Department of Finance.
The Amendment Determination commences on 1 July 2015.
The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
NOTES ON CLAUSES 1-4 AND SCHEDULE
Clause 1: Name of determination
Clause 1 provides that the name of the Determination is the Australian Passports Amendment Determination 2015 (No. 1).
Clause 2: Commencement
Clause 2 provides that the Determination commences on 1 July 2015.
Clause 3: Authority
Clause 3 provides that the Determination is made under the Australian Passports Act 2005.
Clause 4: Schedule(s)
Clause 4 provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in the Schedule has effect according to its terms.
Schedule — Notes on Sections
Part 8 – Fees
- Section 8.1 (together with Schedule 4 Part 4 – Additional Fees) establishes a new fee for passport applications lodged overseas, to commence in 2015 (8.1(2A) and 8.1(8)). The fee is in addition to the standard application fee, the lost/stolen fee (if applicable) and the priority processing fee.
2. Paragraph 8.2(k) provides that the additional fee for applications lodged overseas may be waived. This will ensure that people who are otherwise eligible for a gratis-issue passport, inter alia, will not have to pay the additional overseas application fee when applying for a replacement passport overseas.
3. Paragraph 8.3(7) provides that the additional fee for applications lodged overseas may be refunded. This will ensure that where a person is eligible for a refund of a fee in relation to a passport application, that person may also be eligible for a refund of the additional fee for applications lodged overseas.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Passports Amendment Determination (No. 1) 2015
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the instrument
The Australian Passports Amendment Determination 2015 (No. 1) (the Amendment Determination) amends the Australian Passport Determination 2005 (the Determination) to establish an additional fee applicable to applications for full-validity passports lodged overseas. The purpose of this fee is to partially offset the significantly higher cost of processing a passport application overseas as opposed to processing one in Australia.
In 2015, the fee will be set at $100 for adult and senior overseas applications and $50 for child overseas applications, to be indexed with CPI. The fee is to come into force on 1 July 2015. Applications for emergency passports and travel-related documents will not attract the additional fee. The fee will affect approximately 100,000 Australian citizens applying for passports overseas each year, which equates to approximately five per cent of passports produced every year.
Human rights implications
The Amendment Determination engages the right to freedom of movement under Article 12 of the International Covenant on Civil and Political Rights (ICCPR).
Right to freedom of movement
Article 12 of the ICCPR protects the right to freedom of movement: specifically, it states that everyone shall be free to leave any country and that no-one shall be arbitrarily deprived of the right to enter their own country.
The introduction of an additional fee for passport applications lodged overseas will affect a small number of people who need to apply for an Australian passport overseas; however, the Amendment Determination does not prevent these people from entering Australia or leaving any other country. As a result, the Determination will remain consistent with Australia’s obligations under international law.
Conclusion
This instrument is compatible with human rights because it does not limit any person’s ability to enter or leave any country.