Passports Regulations (Amendment) 1993 No. 157
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 157
Issued by the authority of the Minister for Trade
Passports Act 1938
Passports Regulations (Amendment)
Section 12 of the Passports Act 1938 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subregulation 9(1) of the Passports Regulations provides for the issue of a certificate of identity to a person, not being an Australian citizen, who is about to leave Australia and who is stateless or unable to gain a passport from the country of which that person claims to be a national.
The first purpose of these amendments to the Passports Regulations was to provide for the issue of certificates of identity to certain categories of person, being refugees and persons whose application for a protection visa has been approved, in circumstances where they do not have plans to leave Australia. Under the existing subregulation 9(1) these persons could only obtain certificates of identity if they were about to leave Australia.
A new subregulation 9(1) provides for the issue of certificates of identity to refugees and persons whose application for a protection visa has been approved, without the requirement that they are about to leave Australia. Subregulation 9(3) has been inserted to provide a definition of "protection visa".
Regulation 13 of the Passports Regulations provides that fees are payable in respect of passports and travel documents as specified in Schedule 2 of the Passports Regulations.
The second purpose of these amendments to the Passports Regulations was to give effect to a Government decision to increase fees for passport issue on 1 July each year in accordance with the Consumer Price Index for the preceding twelve months ending 31 March.
A new Schedule 2 of the Passports Regulations specifies the revised fees to be charged for the issue and renewal of and placement of observations on travel documents.
The fee charged for the issue of an ordinary adult passport, for example, has been increased from $100 to $101.
Overview
The Passports Regulations (Amendment) 1993 No. 157, issued under the authority of the Minister for Trade and pursuant to the Passports Act 1938, addresses two significant gaps in the existing regulatory framework concerning the issuance of certificates of identity and the adjustment of fees for passports. Initially, the amendments extend the eligibility for certificates of identity to refugees and individuals whose application for a protection visa has been approved, irrespective of their plans to leave Australia. This change broadens the scope of those who can obtain such certificates beyond those who are only about to leave Australia, ensuring that more people in vulnerable situations can be accommodated.
Additionally, these amendments implement a government decision to align passport fees with the Consumer Price Index, reflecting the annual increase in costs. This adjustment ensures that the fees for issuing and renewing passports, as well as for placing observations on travel documents, are kept current with inflation, thereby maintaining the financial sustainability of the passport system.
Scope and Application
The Passports Regulations (Amendment) 1993 No. 157 amends the Passports Regulations 1994 to extend the eligibility criteria for the issue of certificates of identity, ensuring that refugees and individuals whose application for a protection visa has been approved can obtain such certificates without needing to leave Australia imminently, thereby accommodating those who intend to remain in the country. This amendment applies to persons who are not Australian citizens but fall under the specified categories and who are unable to obtain a passport from their claimed country of nationality. Geographically, the amendment pertains to all persons within Australia who meet these criteria, irrespective of their state or territory. The regulations do not specify exclusions but implicitly exclude Australian citizens and those who are not refugees or approved protection visa applicants. Additionally, the amendments introduce fee adjustments in accordance with the Consumer Price Index, affecting all individuals applying for passports or travel documents under the Passports Act 1938. These fees are applicable nationally and are detailed in the new Schedule 2 of the Passports Regulations.
Key Provisions
The main operative sections of the Passports Regulations (Amendment) 1993 No. 157, introduced under the authority of the Minister for Trade, primarily revolve around the amendments to subregulation 9(1) and the introduction of a new Schedule 2. The amendment to subregulation 9(1) (paragraph 1) allows for the issuance of certificates of identity to refugees and individuals whose applications for a protection visa have been approved, even if they do not intend to leave Australia. This extends beyond the previous requirement that these individuals must be about to leave Australia. Additionally, the new subregulation 9(3) provides a definition for "protection visa" to clarify the eligibility criteria. The new Schedule 2 (paragraph 2) outlines the revised fees for the issuance, renewal, and placement of observations on travel documents, reflecting an annual adjustment based on the Consumer Price Index.
These amendments impose specific obligations and requirements on the parties involved, notably the Department of Foreign Affairs and Trade, which administers the issuance of passports and travel documents under the Passports Act 1938. The department must now issue certificates of identity to eligible refugees and approved protection visa applicants regardless of their travel plans, as stipulated in the amended subregulation 9(1). Furthermore, the new Schedule 2 mandates that the department adjust the fees for passports and other travel documents annually, as per the specified method of calculation based on the Consumer Price Index. This includes updating the fees for ordinary adult passports from $100 to $101, reflecting the most recent adjustments.
In terms of potential offences, penalties, or consequences for breaches, the Passports Regulations (Amendment) 1993 No. 157 does not explicitly state penalties for non-compliance with the new provisions. However, under the broader framework of the Passports Act 1938, unauthorized issuance of travel documents or non-compliance with regulatory requirements could potentially lead to civil or criminal penalties. While specific penalties are not detailed in the amending regulations, violations of the Act could result in fines or imprisonment, depending on the severity and nature of the breach. The precise penalties would be determined by the relevant authorities in accordance with existing legislative provisions.