Passports Amendment Regulations 2003 (No. 1) 2003 No. 120
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 120
Issued by the authority of the Minister for Foreign Affairs
Passports Act 1938
Passports Amendment Regulations 2003 (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 2003.
Attachment
DETAILS OF THE PROPOSED PASSPORTS AMENDMENT REGULATIONS 2003 (No. 1)
Regulation 1 names the Regulations.
Regulation 2 provides that the Regulations commence on 1 July 2003.
Relation 3 provides that the Passport Regulations 1939 are amended as set out in Schedule 1.
Schedule 1 increases 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14 | | Column 2
Matter
Issue to a person (other than a
prescribed minor) of an Australian
passport of 36 pages (including a
diplomatic or official passport).
Issue to a prescribed minor of an
Australian passport of 36 pages.
Issue to a person aged at least 75 years
of an Australian passport of 36 pages to
be valid for not more than 5 years
(including a diplomatic or official
passport).
Issue to a person (other than a
prescribed minor)of an Australian
passport of 68 pages.
Issue to a prescribed minor of an
Australian passport of 68 pages.
Issue to a person aged at least 75 years
of an Australian passport of 68 pages to
be valid for not more than 5 years
(including a diplomatic or official
passport).
Observation made after the issue of a
passport.
Issue of a certificate of identity.
Issue of a document of identity, except
the issue to an Australian citizen of a
document of identity endorsed as valid
only for travel between Norfolk Island
and mainland Australia.
Renewal of a certificate of identity.
Renewal of a document of identity.
Issue of a convention travel document.
Renewal of a convention travel
document.
Priority processing fee | | Column 3
Present Fee
144
72
72
216
108
108
10
86
29
10
10
86
8
60 | |
Proposed Fee
148
74
74
222
111
111
11
89
30
11
11
89
9
62
|
Overview
The Passports Amendment Regulations 2003 (No. 1) were enacted to amend the Passports Regulations 1939, updating the fees charged for the issuance, renewal, and endorsement of various travel documents. These Regulations were made under the authority of the Minister for Foreign Affairs, in accordance with subsection 12(1) of the Passports Act 1938, which allows for the creation of regulations not inconsistent with the Act, and necessary for its execution. The primary objective of these amendments was to align the fees with the general movement in the Consumer Price Index, a practice that has been in place since 1992. This approach ensures that the costs associated with travel documents reflect the economic changes over time. The new fees came into effect on 1 July 2003, as outlined in the attachment detailing the specific changes to the fees for different types of passports and related documents.
Scope and Application
The Passports Amendment Regulations 2003 (No. 1) apply to the Passports Act 1938, which governs the issuance, renewal, and endorsement of passports and other travel documents within Australia. These regulations primarily affect individuals and entities that require Australian passports or related documents for travel purposes. The amendments pertain to the fees associated with these documents, which are adjusted annually in accordance with the Consumer Price Index, as has been the practice since 1992. The changes are applicable across the nation, with no specific exclusions or exemptions mentioned, and these regulations are set to commence on 1 July 2003. The scope of these regulations is further extended through subordinate instruments, which detail the specific fee adjustments for various types of passports and travel documents.
Key Provisions
The Passports Amendment Regulations 2003 (No. 1) are a set of regulations made under the Passports Act 1938, which allow the Minister for Foreign Affairs to amend existing regulations concerning the fees for the issuance, renewal, or endorsement of Australian passports and other travel documents. Specifically, Regulation 1 names the Regulations, Regulation 2 states that they commence on 1 July 2003, and Regulation 3 specifies that the Passport Regulations 1939 are amended as outlined in Schedule 1. Schedule 1 details the updated fees for various passport and travel document services, reflecting an annual increase based on the general movement in the Consumer Price Index since 1992.
The obligations imposed by these Regulations primarily concern the adjustment of fees for different types of passports and travel documents, such as Australian passports of 36 and 68 pages, Certificates of Identity, Documents of Identity, and Convention Travel Documents. For instance, the fee for issuing a 36-page Australian passport to a person (other than a prescribed minor) rises from $144 to $148, while a 68-page passport for a person aged 75 or older increases from $108 to $111. These adjustments are meant to ensure that the fees remain aligned with economic changes and operational costs.
Failing to comply with the new fees as prescribed by these Regulations could potentially result in various consequences, depending on the specific breach of the regulations. Although the explanatory statement does not detail specific penalties or consequences for non-compliance, breaches of the Passports Act 1938 or its regulations could generally result in fines or other legal actions as prescribed by Australian law. The exact penalties would depend on the nature and severity of the breach, but they could include fines or other enforcement actions as deemed necessary by the relevant authorities.