Passports Amendment Regulations 2001 (No. 1) 2001 No. 156
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 156
Issued by the authority of the Minister for Foreign Affairs
Passports Act 1938
Passports Amendment Regulations 2001 (No. 1)
Subsection 12(1) of the Passports Act 1938 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary and convenient to be prescribed for carrying out or giving effect to the Act, and in particular (under paragraph 12(1)(c)) for prescribing the fees to be charged in respect of the issue, renewal or endorsement of passports.
These Regulations amend the Passports Regulations 1939 to effect a slight increase to the fees payable for the issue of Australian passports, Certificates of Identity, Documents of Identity and Convention Travel Documents (Titres de Voyage).
The increase reflected in the Regulations is in accordance with a practice, followed since 1992, that fees for travel documents under the Act should be subject to increase each year by the general movement in the Consumer Price Index.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 1 July 2001.
Attachment
DETAILS OF THE PROPOSED PASSPORTS AMENDMENT REGULATIONS 2001 (NO. 1)
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on 1 July 2001.
Regulation 3 provides that Schedule 1 amends the Passport Regulations 1939 by inserting a definition of Convention Travel Document and increasing the fees for the issue of Passports and other travel documents (such as Certificates and Documents of Identity) according to the following table:
Col 1
Item | Column 2
Matter | Column 3
Present Fee |
Proposed Fee
|
| | | |
1 | Issue to a person (other than a prescribed minor) of an Australian passport of 36 pages. | 132 | 136 |
2 | Issue to a prescribed minor of an Australian passport of 36 pages. | 66 | 68 |
3 | Issue to a person (other than a prescribed minor)of an Australian passport of 68 pages. | 198 | 204 |
4 | Issue to a prescribed minor of an Australian passport of 68 pages. | 99 | 102 |
5 | Observation made after the issue of a passport. | 10 | 10 |
6 | Issue of a certificate of identity. | 79 | 82 |
7 | Issue of a document of identity. | 28 | 29 |
8 | Renewal of a certificate of identity. | 10 | 10 |
9 | Renewal of a document of identity. | 10 | 10 |
10 | Issue of a convention travel document. | 79 | 82 |
11 | Renewal of a convention travel document. | 8 | 8 |
Overview
The Passports Amendment Regulations 2001 (No. 1) were introduced to align the fees for various travel documents with the general movement in the Consumer Price Index, in accordance with a practice initiated in 1992. Enacted under the authority of the Minister for Foreign Affairs and pursuant to the provisions of the Passports Act 1938, these regulations were made to ensure that the fees for passports, Certificates of Identity, Documents of Identity, and Convention Travel Documents are updated annually. This adjustment was necessary to reflect the economic changes over time, thereby maintaining the financial sustainability of the passport issuance process. The regulations took effect from 1 July 2001 and were designed to streamline the fee structure in line with the cost of living adjustments, without deviating from the overarching framework set by the Passports Act 1938.
Scope and Application
The Passports Amendment Regulations 2001 (No. 1) applies to individuals and entities seeking to obtain or renew Australian passports, Certificates of Identity, Documents of Identity, and Convention Travel Documents (Titres de Voyage). These Regulations amend the Passports Regulations 1939 by adjusting the fees charged for the issuance and renewal of these documents. The adjustments are made to align with the general movement in the Consumer Price Index, a practice that has been followed since 1992. The Regulations come into effect on 1 July 2001 and are issued under the authority of the Minister for Foreign Affairs, as permitted by the Passports Act 1938. This Act allows the Governor-General to make regulations that are necessary for carrying out or giving effect to the Act, including setting fees for passport-related services. The Regulations do not specify any exclusions or exemptions, and their application is limited to the Commonwealth of Australia.
Key Provisions
The main operative sections of the Passports Amendment Regulations 2001 (No. 1) provide for the amendment of the Passports Regulations 1939 to increase the fees for the issue, renewal or endorsement of Australian passports, Certificates of Identity, Documents of Identity and Convention Travel Documents (Titres de Voyage). These amendments are made pursuant to subsection 12(1) of the Passports Act 1938, which allows the Governor-General to make regulations not inconsistent with the Act to prescribe fees for travel documents. Regulation 3 specifically amends the fees for various travel documents, as detailed in the attached table.
The Passports Amendment Regulations 2001 (No. 1) impose obligations on the Department of Foreign Affairs and Trade to adjust the fees for travel documents in accordance with the general movement in the Consumer Price Index. The Regulations are designed to effect a slight increase to the fees payable for the issue of Australian passports, Certificates of Identity, Documents of Identity and Convention Travel Documents, which aligns with the practice followed since 1992.
The Passports Amendment Regulations 2001 (No. 1) do not explicitly state any offences or penalties for breaches. However, under the Passports Act 1938, there are potential civil and criminal consequences for breaches related to the issuance, renewal or endorsement of travel documents. For example, section 38 of the Act provides that a person who makes a false statement in an application for a passport, or who uses a passport obtained by means of a false statement, is guilty of an offence and may be liable to a penalty of up to five years imprisonment or a fine of up to 5,000 penalty units, or both. The Regulations come into effect on 1 July 2001, and the new fees are applicable from that date.