Passports Regulations (Amendment) 1992 No. 296
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 296
Issued by the authority of the Minister for Foreign Affairs and 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.
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 first purpose of these amendments of the Passport Regulations was to give effect to a Government decision to increase fees for passport issue, as provided for in the 1992 Budget. The Budget provided that fees charged for passport issue would be increased as from 1 October 1992.
A new Schedule 2 of the Passport Regulations specifies the revised fees to be charged for the issue, endorsement and renewal of travel documents.
The fee charged for issue of an ordinary adult passport, for example, has been increased from $88 to $100.
Regulation 10 of the Passport Regulations provides, inter alia, that a document of identity may be issued for travel purposes to a person possessing the nationality of a Commonwealth country. Schedule 1 of the Passport Regulations lists Commonwealth countries.
The second purpose of these amendments was to amend the list of Commonwealth countries at Schedule 1 of the Passport Regulations to include the Republic of Namibia. and Pakistan. Pakistan rejoined the Commonwealth in late 1989, and the Republic of Namibia was admitted in early 1991.
Overview
The Passports Regulations (Amendment) 1992 No. 296 was introduced to amend the Passports Regulations under the Passports Act 1938. This amendment was enacted by the Minister for Foreign Affairs and Trade to implement a decision made by the government to increase passport fees, as stipulated in the 1992 Budget. The amendments also sought to update the list of Commonwealth countries to reflect changes in membership by including the Republic of Namibia and Pakistan, which had rejoined the Commonwealth in late 1989 and early 1991, respectively. These regulatory changes aimed to ensure that the fees and eligibility criteria for passport issuance were aligned with the government's fiscal policies and the current composition of the Commonwealth.
Scope and Application
The Passports Regulations (Amendment) 1992 No. 296 applies to individuals and entities seeking to obtain, renew, or have endorsed passports and travel documents under the authority of the Passports Act 1938. These regulations affect citizens of Commonwealth countries, including the newly added Republic of Namibia and Pakistan, and are applicable within the Commonwealth as listed in the amended Schedule 1 of the Passport Regulations. The amendments primarily serve to update the fees charged for passport-related services, reflecting the government's decision to increase these fees as announced in the 1992 Budget, effective from 1 October 1992. This update includes specific changes to the fees for the issuance, endorsement, and renewal of travel documents, with the fee for an ordinary adult passport, for example, rising from $88 to $100. The regulations also extend to the issuance of identity documents for travel purposes to nationals of Commonwealth countries, now inclusive of Namibia and Pakistan.
Key Provisions
The main operative sections of the Passports Regulations (Amendment) 1992 No. 296 involve amendments to the fees for passports and travel documents, as specified in Schedule 2 (paragraph 1), and the updating of the list of Commonwealth countries in Schedule 1 (paragraph 2). Regulation 13 of the Passports Regulations now specifies the revised fees for passports, with the fee for an ordinary adult passport increasing from $88 to $100 (paragraph 1). Regulation 10 of the Passport Regulations now allows for the issuance of identity documents for travel to citizens of the Commonwealth countries listed in Schedule 1 (paragraph 3). The amendments to Schedule 1 now include the Republic of Namibia and Pakistan, reflecting their recent memberships in the Commonwealth (paragraph 2).
The obligations imposed by the Passports Regulations (Amendment) 1992 No. 296 primarily concern the payment of the newly specified fees for passports and travel documents, as outlined in the updated Schedule 2 (paragraph 1). Additionally, these regulations require the Passport Office to recognise the nationality of citizens from newly added Commonwealth countries, such as Namibia and Pakistan, when issuing travel documents (paragraph 2). These changes necessitate that the Passport Office updates its systems and administrative procedures to reflect the new fees and the revised list of Commonwealth countries (paragraph 2).
In terms of consequences for breach, the Passports Regulations (Amendment) 1992 No. 296 does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, failure to adhere to the updated fee schedule or to recognise the nationality of citizens from the newly listed Commonwealth countries could result in procedural errors or administrative penalties as per the Passports Act 1938. These could include fines or other sanctions imposed by the Passport Office or relevant authorities (paragraph 3). The exact penalties would be determined based on the nature and severity of the breach.