EXPLANATORY STATEMENT
PASSPORTS ACT 1938
PASSPORTS REGULATIONS (AMENDMENT)
Statutory Rules 1990 No. 225 issued by the authority of the Minister of State for Foreign Affairs and Trade.
- 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.
- On 21 August 1987 the Expenditure Review Committee of Cabinet agreed in Minute No. 9829 (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.
- Following a further rise in the Consumer Price Index in the 12 months to 31 March 1990, this amendment will implement Cabinet’s decision and increase the cost of an ordinary passport to $83 and of a child’s passport to $34, as well as increasing other associated fees. In addition, the amendment will incorporate in the Passports Regulations fees schedule a separate fee of $58 for the issue of frequent traveller (64 page) passports to children.
Overview
The Passports Regulations (Amendment) Statutory Rules 1990 No. 225, issued under the authority of the Minister of State for Foreign Affairs and Trade, amend the Passports Regulations to align passport fees with inflation, as per the Consumer Price Index. This amendment follows the decision of the Expenditure Review Committee of Cabinet and subsequent endorsement by Cabinet, to index passport fees to the Consumer Price Index, with base fees set at $60 for adult passports and $25 for child passports as of March 1987. The purpose of these amendments is to adjust the fees for ordinary and child passports, as well as to introduce a new fee for frequent traveller passports for children, in response to the increase in the Consumer Price Index over the specified period. This legislative action ensures that passport fees remain current and reflective of economic conditions, thereby maintaining the financial sustainability of the passport issuance process.
Scope and Application
The Passports Regulations (Amendment) Statutory Rules 1990 No. 225, issued under the authority of the Minister of State for Foreign Affairs and Trade, pertains to the Passports Act 1938. This amendment applies to all individuals and entities involved in the issuance of passports, ensuring compliance with the Act's stipulations. The amendment primarily focuses on adjusting the fees associated with the issuance of passports to reflect the Consumer Price Index, thereby indexing the fees to account for inflation. The increased fees affect all persons who apply for passports, including adults and minors, as well as those applying for frequent traveller passports for children. The amendment applies nationally, extending across all jurisdictions within Australia, thereby ensuring a uniform application of the fee adjustments. There are no stated exclusions or exemptions within the text, and the amendment operates through the subordinate instrument of the Passports Regulations, as authorised by section 12 of the Passports Act 1938.
Key Provisions
The main operative sections of the Passports Regulations (Amendment) Statutory Rules 1990 No. 225, introduced pursuant to section 12 of the Passports Act 1938, are concerned with updating and adjusting the fees associated with the issuance of passports. The amendment reflects the decision of the Expenditure Review Committee of Cabinet, as endorsed by Cabinet, to index passport fees to the Consumer Price Index. Specifically, these regulations increase the cost of an ordinary adult passport to $83 and a child's passport to $34, reflecting the rise in the Consumer Price Index over the specified period. Additionally, they introduce a new fee of $58 for the issuance of frequent traveller passports (64 pages) to children.
The regulations impose specific financial obligations on applicants for passports, as they must now pay the updated fees for the different types of passports. This includes ordinary passports for adults and children, as well as a new category of frequent traveller passports for children. The necessity to index fees ensures that the costs remain aligned with economic indicators, which helps in maintaining the integrity and efficiency of the passport issuance process. The updated fees schedule must be adhered to by all applicants seeking passports under the provisions of the amended regulations.
Breaches of these regulations, particularly in relation to the payment of fees, can result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it can be inferred that non-compliance with the updated fee structure could lead to civil or administrative penalties. Such penalties might include fines or other administrative actions to enforce compliance with the new fee requirements. Although the exact penalties are not specified, the intent is to ensure that the updated fees are accurately collected and that the financial obligations of applicants are met to support the administration of the passport issuance process.