Australian Passports (Application Fees) Act 2005

Administered by Department of Foreign Affairs and Trade

Legislation au C2005A00006 In force Act

Legislation content

 

 

 

 

 

 

Australian Passports (Application Fees) Act 2005

 

No. 6, 2005

 

 

 

 

 

An Act to impose, as taxes, fees in relation to Australian passports and other travel documents, and for related purposes

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Imposition of application fees

5 Matters relating to amount of application fees

6 Indexation of maximum application fee

7 Person liable for application fee

8 Minister’s determinations

9 Regulations

 

 

 

Australian Passports (Application Fees) Act 2005

No. 6, 2005

 

 

 

An Act to impose, as taxes, fees in relation to Australian passports and other travel documents, and for related purposes

[Assented to 18 February 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Passports (Application Fees) Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

18 February 2005

2.  Sections 3 to 9

At the same time as sections 3 to 58 of the Australian Passports Act 2005 commence.

1 July 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Definitions

 (1) In this Act:

application fee means a fee imposed by section 4.

Minister’s determination means an instrument made by the Minister for the purposes of this Act under section 8.

 (2) Other expressions used in this Act that are defined in the Australian Passports Act 2005 have the same meaning as they have in that Act.

4  Imposition of application fees

 (1) A Minister’s determination may specify fees in respect of applications for Australian passports.

 (2) A Minister’s determination may specify fees in respect of applications for travel‑related documents.

 (3) A Minister’s determination may specify fees in respect of applications for endorsements on Australian travel documents.

 (4) A Minister’s determination may specify fees in respect of applications for the making of observations on Australian travel documents.

 (5) The fees specified in determinations made for the purposes of this section are imposed, and are so imposed as taxes.

5  Matters relating to amount of application fees

 (1) A determination made for the purposes of section 4 may specify different application fees for different circumstances.

 (2) The maximum amount of an application fee for an application made in a financial year is:

 (a) for the financial year in which sections 3 to 9 of this Act commence—$1,000; or

 (b) for a later financial year—the amount worked out in accordance with section 6.

 (3) An application fee need not bear any relationship to the cost of issuing an Australian travel document or endorsing or making an observation on an Australian travel document.

6  Indexation of maximum application fee

 (1) The amount for the purposes of paragraph 5(2)(b) is worked out by multiplying the indexation factor for the financial year by the maximum amount of an application fee for an application made in the previous financial year.

 (2) If the indexation factor for the financial year is 1 or less, the maximum amount of an application fee for an application made in the financial year is the maximum amount for an application made in the previous financial year.

 (3) In this section:

indexation factor for the financial year is the amount worked out, to 3 decimal places (rounding up if the fourth decimal place is 5 or more), by using the formula:

where:

index number is the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) first published by the Australian Statistician for the quarter.

7  Person liable for application fee

 (1) A person who applies for an Australian travel document is liable to pay the application fee in respect of that application, at the time the application is made.

 (2) A person who applies for an endorsement on the person’s Australian travel document is liable to pay the application fee in respect of that application, at the time the application is made.

 (3) A person who applies for an observation to be made on the person’s Australian travel document is liable to pay the application fee in respect of that application, at the time the application is made.

8  Minister’s determinations

  The Minister may, by legislative instrument, specify any of the matters that this Act provides may be specified in a Minister’s determination.

9  Regulations

  The Governor‑General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 2 December 2004

Senate on 9 December 2004]

(231/04)

 

Overview

The Australian Passports (Application Fees) Act 2005, enacted by the Parliament of Australia on 18 February 2005, was designed to address the need for a structured approach to the imposition of fees related to Australian passports and other travel documents. This Act was introduced to establish a formal and regulated process for setting application fees for passports, travel-related documents, endorsements, and observations on Australian travel documents. The overarching policy objective was to ensure that the fees were imposed as taxes and could be adjusted for inflation, thereby providing a sustainable financial mechanism for the services provided by the Department of Foreign Affairs and Trade. The Act grants the Minister the authority to determine the fees through legislative instruments, which can vary based on different circumstances, and ensures that the maximum fee can be indexed to account for inflation. The legislation also clarifies that the fees do not need to correlate with the actual costs of issuing or endorsing travel documents. The application fees are payable by the person making the application at the time of the application. The Act aims to provide a clear legal framework for the imposition and adjustment of fees, ensuring predictability and fairness in the application process for Australian travel documents.

Scope and Application

The Australian Passports (Application Fees) Act 2005 applies to individuals and entities who are required to pay fees associated with applications for Australian passports, travel-related documents, endorsements on Australian travel documents, and observations on Australian travel documents. The Act specifies that these fees are imposed as taxes and may vary based on different circumstances. The application of this Act is primarily within the Commonwealth jurisdiction, with the Minister having the authority to determine the fees through legislative instruments. The Act does not detail any exclusions or exemptions, and the fees are subject to indexation based on the All Groups Consumer Price Index number. The liability for payment of the application fees rests with the person making the application at the time the application is submitted. The Act also allows for the creation of regulations by the Governor-General to ensure its effective implementation and enforcement.

Key Provisions

The Australian Passports (Application Fees) Act 2005 (sections 1-9) provides the legal framework for imposing fees on applications for Australian passports, travel-related documents, endorsements, and observations on Australian travel documents. These fees are imposed as taxes, as stipulated in section 4. The Act allows for the Minister to specify different fees depending on the type of application and the circumstances surrounding it, as outlined in section 5. The maximum amount of an application fee can vary based on the financial year, with the fee being indexed annually according to the All Groups Consumer Price Index number, as detailed in section 6. Entities and individuals applying for Australian travel documents, endorsements, or observations are obligated to pay the specified application fees at the time of application, as per section 7. The Minister holds the authority to make legislative instruments specifying the fees, as stated in section 8. These determinations must adhere to the provisions outlined in the Act. Regulations necessary for the implementation and enforcement of the Act may be prescribed by the Governor-General, as mentioned in section 9. Failure to comply with the requirements of this Act, such as not paying the specified application fees, may result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of related provisions in the Australian Passports Act 2005 could incur civil or criminal penalties. These may include fines or imprisonment, depending on the severity of the breach and the specific provisions violated. The exact penalties would be determined by the courts in the context of the particular case.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Imposition of application fees

Interactions

Authorises

All Versions

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.