Australian Passports (Application Fees) Amendment Determination 2015 (No.1)

Administered by Department of Foreign Affairs and Trade

Legislation au F2015L01629 Not in force Legislative Instrument

Legislation content

 

 

 

2013–2014–2015

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

AUSTRALIAN PASSPORTS (APPLICATION FEES) AMENDMENT DETERMINATION 2015 (No.1)

 

 

 

 

EXPLANATORY STATEMENT

 

 

 

(Circulated by authority of the Minister for Foreign Affairs,
the Hon Julie Bishop MP)

 

 

 

 


AUSTRALIAN PASSPORTS (APPLICATION FEES)

AMENDMENT DETERMINATION 2015 (No.1)

 

Outline

 

The Australian Passports (Application Fees) Amendment Determination 2015 (No.1) (the Amendment Determination) makes one minor amendment to the Australian Passports (Application Fees) Determination 2015 (the Application Fees Determination).  The amendment provides for an application fee for the issue of a replacement passport in ‘exceptional circumstances’.  This follows the new provision in the Passports Legislation Amendment (2015 Measures No.1) Determination 2015 that enables the issue of a replacement passport in ‘exceptional circumstances’. 

 

Regulation Impact

 

This amendment will impose no regulatory impact on Australian citizens or businesses. 

 

Consultation

 

Consultation was not considered necessary as the amendment is minor and technical.

 

 

 

 

 

 

 

 


Australian Passports (Application Fees) Amendment Determination 2015 (No.1)

 

Notes on Clauses

 

Clause 1 – Name

 

  1.              This Determination will be named the Australian Passports (Application Fees) Amendment Determination 2015 (No.1).

 

Clause 2 – Commencement

 

  1.              Subsection 2(1) provides that the Amendment Determination will commence on the later of 1 October 2015 or the day after the instrument is registered. 

 

  1.              Subsection 2(2) provides that any information in column 3 of the table is not part of the Amendment Determination.  However, information may be inserted in this column, or information in it may be edited, in any published version of this Determination.

 

Clause 3 – Authority

 

  1.              The Australian Passports (Application Fees) Act 2005 (the Application Fees Act) empowers the Minister to impose, as taxes, fees in relation to Australian travel documents and for related purposes.  Section 8 gives the Minister the authority to specify matters provided in the Application Fees Act in a determination. 

 

Clause 4 – Schedules

 

  1.              Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the Schedule concerned, and any other in a Schedule to this instrument has effect according to its terms.

 

Schedule 1—Amendments

 

Australian Passports (Application Fees) Determination 2015

 

Part 2 – Fees

 

Item 1 – Subection 5(3) (table item 11, column1):  Application Fees

 

  1.              Section 5 of the Application Fees Determination sets out the application fees for Australian travel documents, including for replacement passports.

 

  1.              The Passports Legislation Amendment (2015 Measures No.1) Determination 2015 adds new table item 17 in subsection 17(2) of the Australian Passports Determination 2015 (the Passports Determination) to provide for a replacement passport to be issued in ‘exceptional circumstances’. 

 

  1.              Table item 11 of subsection 5(3) of the Application Fees Determination provides for an application fee for a replacement passport, including a replacement passport to which table items 11 to 16 in subsection 17(2) of the Passports Determination applies.

 

  1.              Item 1 amends table item 11 in subsection 5(3) of the Application Fees Determination to include new table item 17 in subsection 17(2) of the Passports Determination, to provide for an application fee for the issue of a replacement passport in ‘exceptional circumstances’.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Passports (Application Fees) Amendment Determination 2015 (No.1)

This 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 principal object of the Australian Passports (Application Fees) Act 2005 (the Application Fees Act) is to provide for the imposition, as taxes, of fees in relation to Australian travel documents and for related purposes.  The Australian Passports (Application Fees) Determination 2015 (the Application Fees Determination) is a critical instrument in supporting the operation of the Application Fees Act.

 

The Australian Passports (Application Fees) Amendment Determination 2015 (No.1) (the Amendment Determination) makes one minor amendment to the Application Fees Determination to provide for an application fee for a replacement passport issued in ‘exceptional circumstances’.

Human rights implications

This amendment engages the right to freedom of movement in Article 12 of the International

Covenant on Civil and Political Rights (ICCPR).  Article 12(2) of the ICCPR provides that

everyone must be free to leave any country, including their own.  

 

The Application Fees Determination engages the right to freedom of movement as a passport enables people to exercise the right of freedom of movement and the imposition of fees to obtain a passport could affect the ability of an Australian citizen to leave Australia.

 

The Amendment Determination provides for an application fee for a replacement passport issued in ‘exceptional circumstances’.   

 

A replacement passport provides a cheaper alternative to purchasing a new passport in certain circumstances and therefore promotes the right to freedom of movement. 

Conclusion

The amendment to the Application Fees Determination promotes human rights because it provides for a cheaper alternative to purchasing a new Australian passport in certain circumstances to facilitate an individual’s freedom of movement.

Overview

The Australian Passports (Application Fees) Amendment Determination 2015 (No.1) was introduced to address the need for an application fee associated with the issuance of replacement passports under exceptional circumstances, aligning with the new provisions introduced by the Passports Legislation Amendment (2015 Measures No.1) Determination 2015. Enacted by the Parliament of the Commonwealth of Australia, this amendment ensures that there is a structured fee for replacement passports in exceptional cases, thereby maintaining the financial sustainability of passport services. The policy objective behind this determination is to provide a cost-effective alternative to purchasing a new passport, thus facilitating the right to freedom of movement as outlined in Article 12 of the International Covenant on Civil and Political Rights. The amendment is minor and technical, hence consultation was deemed unnecessary, and it imposes no regulatory impact on Australian citizens or businesses.

Scope and Application

The Australian Passports (Application Fees) Amendment Determination 2015 (No.1) pertains to the imposition of fees for Australian travel documents, specifically targeting Australian citizens who require a replacement passport in 'exceptional circumstances'. This minor amendment to the Australian Passports (Application Fees) Determination 2015 is authorised under the Australian Passports (Application Fees) Act 2005, which empowers the Minister for Foreign Affairs to specify fees in relation to Australian travel documents. The amendment is designed to align with the new provision in the Passports Legislation Amendment (2015 Measures No.1) Determination 2015 that allows for the issuance of a replacement passport under exceptional circumstances. The Amendment Determination will commence on the later of 1 October 2015 or the day after the instrument is registered. It is applicable nationally, as it falls under the purview of Commonwealth legislation, thereby extending its reach across all states and territories of Australia. There are no stated exclusions or exemptions in the Amendment Determination, and it does not impose any regulatory impact on Australian citizens or businesses, given its minor and technical nature. The amendment ensures that the fees structure remains fair and accessible, particularly in situations where a replacement passport is required due to exceptional circumstances.

Key Provisions

The Australian Passports (Application Fees) Amendment Determination 2015 (No.1) primarily amends the Australian Passports (Application Fees) Determination 2015 by introducing an application fee for the issuance of a replacement passport in 'exceptional circumstances' (Schedule 1, Item 1). This amendment aligns with the new provision in the Passports Legislation Amendment (2015 Measures No.1) Determination 2015 that allows for the issue of a replacement passport under exceptional circumstances. The objective of this amendment is to provide a cheaper alternative to obtaining a new passport, thus facilitating the right to freedom of movement as recognised under Article 12 of the International Covenant on Civil and Political Rights (ICCPR). The Amendment Determination imposes specific obligations on applicants seeking a replacement passport in exceptional circumstances. They must now pay the prescribed application fee as outlined in the amended schedule of the Australian Passports (Application Fees) Determination 2015. This fee is intended to cover the administrative costs associated with processing the replacement passport application. Additionally, applicants must meet the criteria for 'exceptional circumstances' as defined in the relevant legislation to be eligible for this fee structure. Failure to comply with the requirements of the Amendment Determination may result in civil or administrative consequences. For instance, if an applicant does not pay the required application fee or does not meet the criteria for 'exceptional circumstances', their application may be rejected. There are no explicit criminal penalties mentioned in the Amendment Determination; however, non-compliance with the fees or misrepresentation of circumstances could lead to administrative actions or denial of the replacement passport. The maximum financial penalty is determined by the fee itself, which is set out in the amended fee schedule.

Legal classification tags

Area of Law
Administrative Law
Instrument
Determination
Concepts
Definitions & Interpretation
Commencement Provisions
Fees
Human Rights Law

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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.