EXPLANATORY STATEMENT
PASSPORTS ACT 1938
PASSPORTS REGULATIONS (AMENDMENT)
Statutory Rules 1989 No. 133 issued by the authority of the Minister of State for Trade Negotiations.
1. Section 12 of the Passports Act 1938 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
2. On 21 August 1987 the Expenditure Review Committee of Cabinet agreed in Minute No. 8929 (ER) that the fee for the issue of passports should be indexed to the Consumer Price Index with the base fees being the fees prescribed from time to time. This decision was endorsed by Cabinet on 1 September 1987 (Decision No. 10043). The first increases took effect on and from 1 October 1987, based on the Consumer Price Index up to 31 March 1987 and on the base fees of $60 for a passport issued to an adult and $25 for a passport issued to a prescribed minor.
3. Following a further rise in the Consumer Price Index, this amendment will increase the cost of an ordinary passport to $76 and of a child’s passport to $31, as well as increasing other associated costs, with effect from 1 July 1989, in accordance with Cabinet’s decision.
Overview
The Passports Regulations (Amendment) Statutory Rules 1989 No. 133, issued under the authority of the Minister of State for Trade Negotiations, amends the Passports Regulations to address the need for updating passport fees in line with inflation. Enacted to align with the Passports Act 1938, which grants the Governor-General the power to establish regulations necessary for the Act's implementation, these amendments respond to a decision by the Expenditure Review Committee of Cabinet on 21 August 1987 and subsequent endorsement by Cabinet on 1 September 1987. The policy objective behind these amendments was to index passport fees to the Consumer Price Index, ensuring that the costs remain reflective of economic changes and thereby maintaining the financial integrity of the passport issuance process. Effective from 1 July 1989, these amendments increase the cost of an ordinary passport to $76 and a child’s passport to $31, reflecting the latest Consumer Price Index adjustments.
Scope and Application
The Passports Regulations (Amendment) Statutory Rules 1989 No. 133, issued under the authority of the Minister of State for Trade Negotiations, amends the fees associated with the issuance of passports in Australia as prescribed under Section 12 of the Passports Act 1938. This regulation applies to all persons and entities seeking to obtain or renew a passport in Australia, thereby impacting individuals and families, travel agencies, and any other entities involved in passport transactions. The amendments adjust the fees to reflect changes in the Consumer Price Index, thereby ensuring that the costs associated with passport issuance remain aligned with inflation. The geographic reach of these regulations is national, affecting all Australian citizens and residents regardless of their location within the Commonwealth, states, or territories. There are no stated exclusions or exemptions within the scope of these amendments, and the changes apply uniformly across the board. Any further adjustments or extensions to the application of these fees will be managed through subordinate instruments as may be necessary, in accordance with the provisions of the Passports Act 1938.
Key Provisions
The main operative sections of the Passports Regulations (Amendment) Statutory Rules 1989 No. 133 involve adjustments to the fees associated with passport issuance, as per Section 12 of the Passports Act 1938 (1). Specifically, this amendment increases the fee for an ordinary passport from $60 to $76 and the fee for a child’s passport from $25 to $31. These changes are aligned with the decision endorsed by Cabinet on 1 September 1987, which established that passport fees should be indexed to the Consumer Price Index (2). The amendment takes effect from 1 July 1989, reflecting the latest rise in the Consumer Price Index.
This Act imposes specific obligations on the issuing authorities of passports to adjust the fees in accordance with the amended regulations. It also requires these authorities to ensure that the updated fees are applied to all new passport applications from the effective date of 1 July 1989. Furthermore, the Act mandates that the new fees must be clearly communicated to the public to avoid any confusion or disputes regarding the costs associated with passport issuance.
There are no explicit offences, penalties, or consequences for breach mentioned within the text of this amendment. However, it is implied that any failure to comply with the updated fees as prescribed by the regulations could potentially lead to administrative or legal repercussions. The precise nature of such consequences would depend on broader administrative practices and enforcement mechanisms outlined in other parts of the Passports Act 1938 or related legislation. The exact penalties for non-compliance would need to be ascertained from other relevant legal provisions.