Passports Amendment Regulations 2002 (No. 1) 2002 No. 118
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 118
Issued by the Authority of the Minister for Foreign Affairs
Passports Act 1938
Passports Amendment Regulations 2002 (No. 1)
Section 12 of the Passports Act 1938 provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, including for prescribing the fees to be charged in respect of the issue, renewal or endorsement of passports (paragraph 12(1)(c)).
Regulation 13 of the Passports Regulations 1939 provides that fees are payable in respect of passports and travel documents as specified in Schedule 2 of the Passports Regulations.
The purpose of the Regulations is to to enable Australian senior citizens aged at least 75 years of age to elect to have passport which is valid for 5 years, and to specify revised fees to be charged for the issue of travel documents and in respect of the issue and renewal of passports.
The cost of the issue of an Australian passport increases from $136 to $144, the cost of the issue of a passport to a minor increases from $68 to $72, the cost of the issue of a Certificate of Identity increases from $82 to $86, and the cost of the issue of an Australian Seniors' passport is $72. A priority processing fee of $60 is also introduced.
In order to respond to the special needs of Australian senior citizens, a five-year passport for Australians aged 75 and over will be offered at half the standard price from 1 July 2002.
In 2002-2003, the Department of Foreign Affairs and Trade will undertake research and development into the introduction of a facial biometric identifier for the Australian passport. This research will strengthen the current identity verification process and significantly improve the detection of fraudulent passport applications.
In order to fund these initiatives, and the increased cost of producing and issuing passports, the passport fee increases from $136 to $144. This increase represents $3 for the annual CPI adjustment and $5 to cover the cost of the biometric research and loss of revenue associated with the introduction of a senior citizen's passport.
The urgent issue of passports is impacting significantly on the capacity to provide passport services. In 2000-2001, around 140,000 urgent passports were issued and it is expected that this trend to continue. The current arrangements allow clients largely unrestricted access to a fast-track service without regard to cost or the ultimate impact on our capacity to provide normal services to remaining passport applicants.
The priority passport fee of $60 is additional to the normal passport processing fee and is being introduced to address these problems. The fee is expected to help manage demand, address resourcing issues and discourage frivolous requests for priority services. The payment would guarantee issue of a passport to an eligible applicant within 48 hours of lodgement of the application. The revenue from this proposal is projected to be $23.8 million over three years and will cover the cost of providing the new service.
A number of other countries such as New Zealand, Canada, UK and the US passport agencies already charge fees for the urgent processing of passport applications.
Overview
The Passports Amendment Regulations 2002 (No. 1) were enacted to address the growing demand for urgent passport services and to respond to the special needs of Australian senior citizens. Issued under the authority of the Minister for Foreign Affairs, these regulations amend the existing Passports Regulations 1939. One of the primary objectives of the regulations is to enable Australian senior citizens aged 75 and over to opt for a passport valid for five years at half the standard price, effective from 1 July 2002. Additionally, the regulations introduce revised fees for the issuance and renewal of passports, as well as for travel documents, in order to fund new initiatives such as the introduction of a facial biometric identifier in Australian passports. The regulations also introduce a priority processing fee to help manage the demand for urgent passport services, which has significantly impacted the capacity to provide normal services. This fee is intended to address resourcing issues and discourage frivolous requests for priority services.
Scope and Application
The Passports Amendment Regulations 2002 (No. 1) apply to all Australian citizens, including senior citizens aged 75 and over, and minors, who are seeking to issue, renew or endorse passports and travel documents. The regulations are made under the authority of the Passports Act 1938 and the Passports Regulations 1939. They are intended to provide for the introduction of a five-year passport for Australian senior citizens, revised fees for passports and travel documents, and a priority processing fee for urgent passport applications. The regulations also include provisions for the introduction of facial biometric identifiers for Australian passports. The regulations apply across Australia and are in addition to any state or territory laws or regulations. There are no stated exclusions or exemptions to the regulations. The application of the regulations may be extended or restricted through subordinate instruments.
Key Provisions
The Passports Amendment Regulations 2002 (No. 1) provide several significant changes to the existing passport regulations under the Passports Act 1938. These amendments are detailed in Regulation 13 of the Passports Regulations 1939, which now specify fees for passports and travel documents. One of the key changes is the introduction of a five-year passport for Australian citizens aged 75 and over, which will be offered at half the standard price starting from 1 July 2002. This change aims to cater to the special needs of senior citizens while also considering the financial implications for this demographic.
These regulations impose specific obligations on the parties involved. Firstly, the Department of Foreign Affairs and Trade is tasked with implementing the new fee structure, which includes an increase in the standard passport fee from $136 to $144, and the introduction of a priority processing fee of $60. These fee adjustments are intended to fund the new five-year senior citizen passport and the research and development of facial biometric identifiers for enhanced identity verification. Additionally, the regulations require that passports be issued within 48 hours for applicants who pay the priority processing fee.
The new regulations also establish specific consequences for non-compliance. While the explanatory statement does not explicitly outline penalties for breaches, it is implied that failure to adhere to the new fee structure or misuse of the priority processing service could lead to administrative or legal repercussions. The priority processing fee is designed to manage demand and discourage frivolous requests, suggesting that misuse could result in penalties. Furthermore, the biometric research aims to combat fraudulent passport applications, indicating that non-compliance with identity verification processes could lead to criminal charges.
In summary, the Passports Amendment Regulations 2002 (No. 1) introduce significant changes to the passport fee structure and the types of passports available, with specific provisions for senior citizens. These changes impose clear obligations on the Department of Foreign Affairs and Trade and other relevant parties to implement and enforce the new regulations. The introduction of a priority processing fee and the commitment to biometric research underscore the need for compliance to ensure efficient and secure passport services.