Passports Amendment Regulations 2004 (No. 1) 2004 No. 144
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 144
Issued by the authority of the Minister for Foreign Affairs
Passports Act 1938
Passports Amendment Regulations 2004 (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 proposed Regulations is in accordance with a practice, followed since 1992, that fees for travel documents under the Act should be subject to increase each 1 July in line with the movement in the March Consumer Price Index (CPI) for the preceding twelve months. Fees for other travel documents are calculated as a fixed percentage of the increased fee for an ordinary adult passport.
The CPI rose 2.0% between the March 2003 quarter and the March 2004 quarter. The 2.0% increase would be applied to the price for ordinary 32-page and 64-page adult passports, and to the priority processing fee, rounded down to the nearest whole dollar amount. The fees for 32-page and 64-page ordinary passports for a prescribed minor or a person aged at least 75 years of age are calculated as 50% of the relevant increased fee for adult passports. The fees for the issue of a Certificate of Identity and a Convention Travel Document are calculated as 60% of the increased fee for an ordinary 32-page adult passport. It is not proposed to increase the fees for a number of lower cost documents and services as the application of the 2.0% CPI increase would result in only a marginal increase to the fees. The documents and services for which fees would not be increased are adding an observation after the issue of a passport, issue of a Document of Identity and the renewal of a Certificate of Identity, a Document of Identity or a Convention Travel Document. The fees were last increased by Regulations which commenced on 1 July 2003.
Details of the Regulations are set out in the Attachment.
The Regulations commence on 1 July 2004.
Attachment
DETAILS OF THE PROPOSED PASSPORTS AMENDMENT REGULATIONS 2004 (No. 1)
Regulation 1 names the Regulations as the Passports Amendment Regulations 2004 (No. 1).
Regulation 2 provides that the Regulations commence on 1 July 2004.
Regulation 3 provides that the Passports 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 | Column 2 Matter | Column 3 Present Fee | Proposed Fee |
| | | |
1 | Issue to a person (other than a prescribed minor) of an Australian passport of 32 pages (including a diplomatic or official passport). | 148 | 150 |
2 | Issue to a prescribed minor of an Australian passport of 32 pages (including a diplomatic or official passport). | 74 | 75 |
3 | Issue to a person aged at least 75 years of an Australian passport of 32 pages to be valid for not more than 5 years (including a diplomatic or official passport). | 74 | 75 |
4 | Issue to a person (other than a prescribed minor) of an Australian passport of 64 pages. | 222 | 226 |
5 | Issue to a prescribed minor of an Australian passport of 64 pages. | 111 | 113 |
6 | Issue to a person aged at least 75 years of an Australian passport of 64 pages to be valid for not more than 5 years (including a diplomatic or official passport). | 111 | 113 |
7 | Observation made after the issue of a passport. | 11 | 11 |
8 | Issue of a certificate of identity. | 89 | 90 |
9 | Issue of a document of identity. | 30 | 30 |
10 | Renewal of a certificate of identity. | 11 | 11 |
11 | Renewal of a document of identity. | 11 | 11 |
12 | Issue of a convention travel document. | 89 | 90 |
13 | Renewal of a convention travel document. | 9 | 9 |
14 | Priority processing fee. | 62 | 63 |
Overview
The Passports Amendment Regulations 2004 (No. 1) were enacted to update the fees associated with the issuance of Australian passports and related travel documents under the Passports Act 1938. These regulations were introduced by the Minister for Foreign Affairs, in accordance with the authority granted under subsection 12(1) of the Act, to align the fees with the changes in the Consumer Price Index. The primary objective of these amendments was to adjust the fees for passports and other travel documents to reflect inflation, specifically the 2.0% increase in the March Consumer Price Index for the preceding twelve months. By adhering to this practice, which has been followed since 1992, the government ensured that the costs of issuing passports and related documents remain reflective of the economic climate, thereby maintaining the financial sustainability of the passport issuance process. These amendments took effect from 1 July 2004, providing a slight increase to the fees while exempting certain services from the adjustment to prevent marginal fee hikes.
Scope and Application
The Passports Amendment Regulations 2004 (No. 1) amend the Passports Regulations 1939 to adjust the fees for the issuance, renewal, or endorsement of various travel documents, such as Australian passports, Certificates of Identity, Documents of Identity, and Convention Travel Documents (Titres de Voyage). These amendments apply to individuals and entities seeking or renewing these documents, thereby affecting those who travel internationally under Australian authority. The geographic reach of these regulations is national, as they pertain to Australian citizens and residents seeking travel documents from Australian authorities. The regulations were made under the authority granted by subsection 12(1) of the Passports Act 1938, which allows for the setting of fees for the issuance of passports and related documents. Notably, certain services, such as adding an observation after the issue of a passport, the issuance of a Document of Identity, and the renewal of specific documents, are exempt from the fee increase. The adjustments are based on a 2.0% increase in the Consumer Price Index for the preceding twelve months, which has been the practice since 1992, and the Regulations came into effect on 1 July 2004.
Key Provisions
The main operative sections of the Passports Amendment Regulations 2004 (No. 1) (the Regulations) concern the amendment of fees for the issuance, renewal, and endorsement of various travel documents. Regulation 3 of the Regulations specifies that the Passports Regulations 1939 (the 1939 Regulations) are amended as outlined in Schedule 1. Schedule 1 details the increased fees for Australian passports, Certificates of Identity, Documents of Identity, and Convention Travel Documents. For instance, the fee for a 32-page adult passport increases from $148 to $150 (Regulation 3, Schedule 1, Item 1), and the fee for a 64-page adult passport increases from $222 to $226 (Regulation 3, Schedule 1, Item 4). Additionally, the priority processing fee rises from $62 to $63 (Regulation 3, Schedule 1, Item 14). These fee adjustments are effective from 1 July 2004.
The Regulations impose obligations on applicants for Australian passports and other travel documents to pay the newly prescribed fees. These fees are determined in accordance with the Consumer Price Index (CPI) for the preceding twelve months and are calculated as a percentage of the increased fee for an ordinary adult passport. For example, the fee for a 32-page passport for a prescribed minor is set at 50% of the increased fee for an adult passport (Regulation 3, Schedule 1, Item 3). The Regulations also specify that certain services, such as the addition of an observation after the issue of a passport or the renewal of a Certificate of Identity, will not see an increase in fees (Regulation 3, Schedule 1, Items 7 and 11). These amendments aim to ensure that the fees remain aligned with inflation and administrative costs.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations for the failure to pay the correct fees. However, non-compliance with the fee requirements could result in delays in processing applications or denial of services. The Department of Foreign Affairs and Trade, which administers the Passports Act 1938 (the Act), would be responsible for enforcing the fee structure. The Act itself provides for various offences related to the misuse of passports and travel documents, but these are not altered by the Regulations. The penalties for such offences under the Act can include fines and imprisonment, depending on the nature and severity of the offence.