Australian Passports Amendment Determination 2015 (No. 1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L00129 Not in force Legislative Instrument

Legislation content

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

 

  1. 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.

Overview

The Australian Passports Amendment Determination 2015 (No. 1) was enacted to address the financial burden associated with processing passport applications lodged overseas, which is significantly higher than processing applications in Australia. Issued under the authority of the Minister for Foreign Affairs and pursuant to the Australian Passports Act 2005, the Amendment Determination aims to partially offset these higher costs through the introduction of a new fee structure. Specifically, the Determination introduces an additional fee of $100 for adult and senior passports, and $50 for child passports, both indexed to the Consumer Price Index, effective from 1 July 2015. This amendment does not apply to emergency passports and travel-related documents. The policy objective is to ensure that the fees reflect the true cost of processing, without imposing a regulatory burden on Australian citizens or businesses. The Amendment Determination is expected to raise an average of $7 million annually for the Commonwealth.

Scope and Application

The Australian Passports Amendment Determination 2015 (No. 1) amends the Australian Passports Determination 2005, impacting the processing of passport applications lodged overseas by Australian citizens. This amendment introduces an additional fee to partially offset the higher costs associated with processing applications outside Australia. Specifically, adult and senior citizens will be charged $100, while child applications will incur a $50 fee. These fees are set to commence on 1 July 2015 and will be indexed with the Consumer Price Index. Notably, the amendment does not apply to applications for emergency passports and other travel-related documents, ensuring that urgent travel needs remain unaffected. The determination applies to approximately 100,000 Australian citizens annually, representing about five per cent of all passport applications. The amendment is made under the authority of the Australian Passports Act 2005, and it does not impose any regulatory impact on Australian citizens or businesses. The introduction of this fee is consistent with Australia's obligations under international human rights law, particularly the right to freedom of movement under Article 12 of the International Covenant on Civil and Political Rights.

Key Provisions

The Australian Passports Amendment Determination 2015 (No. 1) (the Amendment Determination) introduces an additional fee for full-validity passport applications lodged overseas (section 8.1). The fee, which is set at $100 for adult and senior applications and $50 for child applications, aims to partially offset the higher costs associated with processing applications outside of Australia. This fee applies in addition to the standard application fee, any lost/stolen passport fee, and priority processing fees (section 8.1(2A) and 8.1(8)). It is important to note that this fee does not apply to emergency passports or travel-related documents (section 8.1(2A)). This amendment affects approximately 100,000 Australian citizens who apply for passports overseas each year, which is around five per cent of all passports issued annually. The Amendment Determination imposes specific obligations on applicants lodging passport applications overseas. Applicants must now pay the additional fee specified in section 8.1, which is designed to account for the higher processing costs incurred when applications are made outside Australia. The fee is to be paid in conjunction with the standard application fee and any other applicable fees (section 8.1(8)). However, the fee may be waived in certain circumstances, such as when a person is eligible for a gratis-issue passport, ensuring that the fee does not unfairly burden those who qualify for a free passport (section 8.2(k)). Furthermore, applicants who are eligible for a refund of any passport application fee may also be eligible for a refund of the additional fee for overseas applications (section 8.3(7)). The Amendment Determination includes provisions for potential breaches and associated penalties. While the Determination itself does not explicitly outline specific penalties for non-compliance, breaches of the Australian Passports Act 2005 (the Act) may result in criminal or civil penalties. For instance, section 42 of the Act provides that a person who knowingly makes a false statement in a passport application can be fined up to 120 penalty units or imprisoned for up to two years, or both. Similarly, section 43 imposes a penalty of up to 120 penalty units or imprisonment for up to two years, or both, for persons who use a passport knowing it contains a false statement. These penalties reflect the serious nature of non-compliance with passport regulations and the importance of ensuring the integrity of the passport application process. The Amendment Determination ensures compatibility with human rights as recognised in international instruments. Specifically, it aligns with Article 12 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of movement. The Determination does not prevent any person from entering Australia or leaving any other country, thus remaining consistent with Australia’s obligations under international law. The additional fee for overseas passport applications does not arbitrarily deprive any individual of their right to freedom of movement, thereby upholding the spirit of the ICCPR while addressing the practicalities of passport processing costs.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.