EXPLANATORY STATEMENT
PASSPORTS ACT 1938
PASSPORTS REGULATIONS (AMENDMENT)
Statutory Rules 1986 No. 212 issued by the authority of the Minister of State for Foreign Affairs.
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 July the Expenditure Review Committee of Cabinet agreed in Decision 8020 (ER) that the fee for a passport issued to a person over 18 years should be raised from $30 to $60 for a passport valid for a maximum period of 10 years, in place of the present 5 years.
3. In addition, the Acting Minister for Foreign Affairs has consequently approved a fee of $25 (with a continuation of the present period of validity of 5 years) for passports to be issued to “prescribed minors”: that is to say, to all persons under 18 years except those who are or have been married. Children under 18 have in the past often been endorsed in the passports of their parents but this practice will now be discontinued, and a separate passport issued to each individual. Persons of less than 18 years, who are not “prescribed minors” because they are or have been married are provided for in the Act in all respects as if they were over 18 years of age, and this will continue.
4. In addition there have been a number of other changes to Schedule 2 to the Passports Regulations, setting out fees which may be levied in relation to travel documents. These changes have been approved by the Minister for Foreign Affairs and are reflected in Regulation 5, providing for a new fee structure.
5. It is proposed that all these changes be brought into effect on and from 20 August as part of the Budget package.
6. Certain other consequential amendments are made to the Passports Regulations.
7. The regulations enclosed herewith have been prepared to amend Statutory Rules 1939 No. 47 as previously amended by Statutory Rules 1986 No. 25.
Overview
The Passports Regulations (Amendment) Statutory Rules 1986 No. 212, issued under the authority of the Minister of State for Foreign Affairs, amend the fees for passports as prescribed under the Passports Act 1938. This legislative amendment responds to the need to align passport fees with contemporary financial and administrative requirements, ensuring the sustainability and efficiency of the passport issuance process. The decision to increase the fee for adult passports from $30 to $60 for a 10-year validity period, and to introduce a $25 fee for "prescribed minors" with a 5-year validity period, aims to address budget constraints and standardise the issuance of passports, discontinuing the practice of endorsing children in their parents' passports.
The policy objective underpinning these changes is to streamline passport administration and generate additional revenue to support the costs associated with passport issuance. These amendments reflect a broader strategy to modernise and rationalise the fees structure for travel documents, ensuring that the system remains viable while maintaining effective control over passport distribution.
Scope and Application
The Passports Regulations (Amendment) Statutory Rules 1986 No. 212, issued under the authority of the Minister of State for Foreign Affairs, amend the Passports Regulations 1939 to implement changes to passport fees as approved by the Expenditure Review Committee of Cabinet. These changes apply to all persons seeking passports under the Passports Act 1938. Specifically, the amendment raises the fee for passports issued to individuals over 18 years from $30 to $60 for a passport valid for 10 years, up from the previous 5 years. Additionally, the amendment introduces a $25 fee for passports issued to "prescribed minors," which are persons under 18 years who are not married. This amendment also discontinues the practice of endorsing children in their parents' passports and mandates the issuance of separate passports for each minor. The new fee structure is intended to come into effect on 20 August as part of the Budget package, subject to the regulatory amendment process. These changes are made to Schedule 2 of the Passports Regulations, which outlines the fees for travel documents, and include several other consequential amendments to align with the new fee structure.
Key Provisions
The Passports Regulations (Amendment) Statutory Rules 1986 No. 212, issued under Section 12 of the Passports Act 1938, introduce a new fee structure for passports. Section 1 of the Amendment increases the fee for a passport issued to a person over 18 years from $30 to $60. This change applies to passports valid for a maximum period of 10 years, replacing the previous 5-year validity period (Section 2). Additionally, a fee of $25 is established for passports issued to “prescribed minors” under 18 years, who are not married or have been married, with the same 5-year validity period as before (Section 3). These regulations also discontinue the practice of endorsing children under 18 in their parents' passports, requiring separate passports for each individual (Section 4). Furthermore, the Amendment introduces several other changes to Schedule 2 of the Passports Regulations, detailing the fees that may be levied in relation to travel documents (Section 4). These changes are set to take effect from 20 August as part of the Budget package (Section 5).
The Amendment imposes new obligations on applicants for passports. For adults over 18, the new fee of $60 must be paid for a passport valid for 10 years. For "prescribed minors" under 18, a fee of $25 must be paid for a passport valid for 5 years. Additionally, these "prescribed minors" must now apply for a separate passport, discontinuing the practice of endorsing them in their parents' passports (Section 3). These regulations also necessitate that persons under 18 who are or have been married apply for passports as if they were over 18 years of age, with the associated fees and validity periods (Section 3). These changes require compliance from all applicants to the new fee structure and application processes.
The Amendment does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the new regulations. However, it is reasonable to infer that failure to comply with the new fee structure or application processes could result in administrative penalties or refusal of passport issuance. The exact nature of these penalties is not detailed in the Amendment but would likely be determined by the issuing authority in accordance with the Passports Act 1938.