Passport Regulations (Amendment)

Overview

The Passport Regulations 1979, made under the Passports Act 1938, were enacted to update the fees associated with the issuance of Australian passports. These regulations, issued by the Governor-General acting on the advice of the Federal Executive Council, reflect an adjustment in the cost of passport issuance, increasing from $20 to $25, effective from 26 May 1979. The objective of these amendments was to align the administrative costs associated with passport issuance with contemporary economic conditions, ensuring that the Passports Act remained practical and effective in its purpose. The regulations were notified in the Commonwealth of Australia Gazette on 25 May 1979 and build on previous amendments to the Passport Regulations made in 1939 and subsequently in various years up until 1976.

Scope and Application

The Regulations under the Passports Act 1938, as amended by Statutory Rules 1979 No. 80, apply to individuals who apply for an Australian passport on or after 26 May 1979, thereby affecting the fee structure for passport issuance. These regulations are made by the Governor-General on the advice of the Federal Executive Council and pertain to the Commonwealth of Australia, ensuring a national scope of application. The principal change introduced by these regulations is the increase in the application fee for an Australian passport from $20 to $25, reflecting the amendment of the Schedule to the Passport Regulations. These regulations do not explicitly state exclusions or exemptions but are rather focused on adjusting the financial aspect of passport applications within the specified timeframe. The application of these regulations is limited to the fee modification, without extending to broader conduct, entities, or industries beyond the passport application process itself.

Key Provisions

The key operative sections of the Statutory Rules 1979 No. 80 pertain to the amendment of the Schedule to the Passport Regulations under the Passports Act 1938. Regulation 1 specifically addresses the fee for the issuance of an Australian passport. It removes the previous fee of $20 and replaces it with a new fee of $25. This amendment is to be applied to any passport application submitted on or after 26 May 1979 (reg 2). These regulations impose certain obligations on the entities involved in the issuance of passports. The Department of Foreign Affairs and Trade, or any authorised officer, must adhere to the updated fee structure as stipulated in the amended Schedule. This means that any passport application submitted after the effective date must be accompanied by the new fee of $25. Furthermore, these regulations necessitate that the new fee be clearly communicated to the public, ensuring that applicants are aware of the updated cost associated with passport issuance. The regulations also detail potential consequences for non-compliance. While the specific offences and penalties are not explicitly outlined in the Statutory Rules 1979 No. 80, breaches of passport regulations generally may lead to civil or criminal penalties under the Passports Act 1938. These could include fines, imprisonment, or both, depending on the severity of the breach. For instance, providing false information on a passport application could result in significant penalties, reflecting the importance of accurate and truthful documentation in the issuance of passports.