STATUTORY RULES.
1945. No. 183.
REGULATION UNDER THE PASSPORTS ACT 1938.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Passports Act 1938.
Dated this twentieth day of November, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
ARTHUR A. CALWELL
Minister of State for Immigration.
Amendment of the Passport Regulation.†
Amendment of Second Schedule.
The Second Schedule to the Passport Regulations is amended—
(a) by omitting the heading “FEES” and inserting in its stead the following heading:—
“FEES.
“PART 1.— Fees Payable in Australia.”;
and
(b) by adding at the end thereof the following Part:—
“Part II.—Fees Payable in a Country Outside Australia.
For the issue of an Australian passport. For the renewal of an Australian passport. For the endorsement of an Australian passport made after issue of the passport. For a visé on a passport— (a) in the case of a transit visé, (b) in the case of a visé, other than a transit visé | | “The fee that would be payable if the passport were issued, renewed or endorsed, or the visé were granted, as the case may be, by a Passport Authority of the United Kingdom in that country.”. |
* Notified In the Commonwealth Gazette on 27th November, 1945.
† Statutory Rules 1939, No. 47.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6757.—Price 3d.
Overview
The Statutory Rules of 1945 No. 183, made under the Passports Act 1938, were enacted to address the need for updated fee structures for passport services both within Australia and abroad. The regulations were developed to ensure that the fees for passport issuance, renewal, endorsement, and visa endorsements align with those charged by the United Kingdom for similar services, reflecting the post-World War II need for harmonised international travel documentation practices. This legislative instrument was made by the Governor-General in Council, which signifies the formal endorsement by the highest executive authority in Australia. The policy objective was to standardise passport fees to facilitate smoother international travel and administration, reflecting the increasing global mobility and the need for consistent regulatory frameworks across jurisdictions.
Scope and Application
This legislative instrument, which amends the Passport Regulations under the Passports Act 1938, pertains to the fees associated with Australian passports and applies to individuals who require passport services within or outside Australia. The amendment specifically alters the Second Schedule of the Passport Regulations by modifying the fees payable for passport issuance, renewal, endorsement, and visa endorsements in Australia and abroad. This amendment establishes a fee structure that aligns with the costs of similar services provided by a Passport Authority of the United Kingdom. The regulation extends to Australian citizens and residents who need to apply for or renew passports, as well as to individuals seeking endorsements or visa services on Australian passports while overseas. This amendment ensures consistency and fairness in the fees charged for passport services, whether in Australia or in foreign countries, and applies nationally across the Commonwealth of Australia. The regulation's application is uniform, without any stated exclusions or exemptions, and it encompasses all persons and transactions involving Australian passports.
Key Provisions
The regulation primarily focuses on amending the fees payable for Australian passports, as outlined in the Second Schedule of the Passport Regulations (regulations 3 and 4). Specifically, it introduces new headings for the fees section and adds a new part detailing fees payable in countries outside Australia (regulation 3(a) and (b)). The fees for passport services rendered abroad are now to be determined based on what would be charged by a Passport Authority of the United Kingdom (regulation 4).
Entities and individuals governed by this Act must adhere to the specified fees outlined in the amended Second Schedule. This includes paying the appropriate fees for passport issuance, renewal, endorsement, and visa endorsements both within Australia and abroad (regulation 4). The regulation mandates that the fees payable in foreign countries should mirror those that would be charged by a UK Passport Authority, ensuring consistency and fairness in the fee structure.
Failure to comply with the fee requirements set forth in this regulation may result in legal consequences. While the regulation does not explicitly state the penalties for non-compliance, breaches of passport regulations generally may attract administrative or legal action under the Passports Act 1938. Typically, penalties for such breaches can include fines or other sanctions as prescribed by the Act or relevant authorities.