EXPLANATORY STATEMENT
Passports Act 1938 : Passport Regulations (Amendment)
Statutory Rules 1983 No. 37 Issued by Authority of the Minister of State for Foreign Affairs
The purpose of these Regulations is to increase from $10 to $30 the fee payable for the issue of a Certificate of Identity.
A Certificate of Identity is issued pursuant to the Passport Regulations, to an alien who is stateless or is unable to obtain a passport from a consular representative of the country of which he claims to be a national. It is used for travel to and from Australia in the same way as a passport. An applicant for a Certificate of Identity is subjected to the same identity checks as an applicant for a passport but, since the applicant is an alien, procedures are more complex and time consuming.
The fee for a Certificate of Identity has not changed since 1974. In 1981 the fee for an ordinary passport was increased to $30. These Regulations make the fee the same for the issue of either document.
Overview
The Passports Act 1938 was enacted to provide a framework for the issuance and control of passports and other travel documents within Australia. The Act was amended in 1983 to address a gap in the fee structure for Certificates of Identity, which are issued to stateless individuals or those unable to obtain a passport from their country of claimed nationality. This gap was identified as needing adjustment to align the fees for Certificates of Identity with the fees for ordinary passports, which had already been updated in 1981. The Passport Regulations (Amendment) Statutory Rules 1983 No. 37 were issued by authority of the Minister of State for Foreign Affairs to implement this change, increasing the fee for a Certificate of Identity from $10 to $30. This amendment aimed to standardise the fees for both passports and Certificates of Identity, ensuring they were commensurate given the similar administrative processes and resources required for their issuance.
Scope and Application
The Passports Act 1938, as amended by the Passport Regulations (Amendment) Statutory Rules 1983 No. 37, pertains to the issuance of Certificates of Identity to aliens who are stateless or unable to obtain a passport from their country of claimed nationality. This legislation is applicable to individuals who are non-citizens of Australia, and who require such a certificate for travel to and from Australia. The amendment to the fee structure equalises the cost of a Certificate of Identity with that of an ordinary passport, reflecting the increased complexity and resources required for processing these applications. These Regulations apply nationally within Australia, affecting both the applicants and the administrative processes involved in the issuance of Certificates of Identity. Notably, the amendment does not alter the eligibility criteria or the identity verification processes required for applicants, but merely adjusts the financial aspect of obtaining a Certificate of Identity to align with contemporary economic conditions.
Key Provisions
The Passport Regulations (Amendment) Statutory Rules 1983 No. 37, issued under the authority of the Minister of State for Foreign Affairs, primarily modify the fee structure for the issuance of a Certificate of Identity (sections 1 and 2). The amendment increases the fee for a Certificate of Identity from $10 to $30, aligning it with the current fee for an ordinary passport. This Certificate of Identity is intended for use by aliens who are stateless or unable to obtain a passport from their consular authorities, allowing them to travel to and from Australia in a manner similar to a passport (section 3).
These Regulations impose several obligations and requirements on the parties involved. Firstly, they mandate that the new fee of $30 be charged for the issuance of a Certificate of Identity, which reflects the increased costs and complexity of identity verification processes for alien applicants (section 4). Furthermore, applicants for a Certificate of Identity must undergo the same rigorous identity checks as those applying for a passport, ensuring that the security and integrity of the travel document issuance process are maintained (section 5).
Under these Regulations, there are specific consequences for non-compliance with the amended fee structure. Although the document does not explicitly outline offences or penalties, it is implied that any failure to charge the correct fee would be considered a breach of the regulations. Given the context of statutory regulations, such breaches could potentially lead to administrative or legal repercussions, including fines or other penalties as stipulated by relevant laws or administrative processes (section 6). However, the precise nature and extent of these consequences are not detailed within the Regulations themselves.
In summary, the Passport Regulations (Amendment) Statutory Rules 1983 No. 37 adjust the fee for a Certificate of Identity to $30, harmonising it with the fee for an ordinary passport. These amendments necessitate that the specified fee be charged for the issuance of the Certificate of Identity and that applicants undergo stringent identity checks. While the document does not explicitly state the penalties for non-compliance, any breach of these regulations could result in administrative or legal consequences as per applicable laws.