EXPLANATORY STATEMENT PASSPORTS ACT 1938
PASSPORTS REGULATIONS (AMENDMENTS)
Statutory Rules 1987 217 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.
2. On 21 August 1987 the Expenditure Review Committee of Cabinet agreed in Decision No. 9829 (ERC) 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. The first increases are proposed to have 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. Thereafter annual increases each 1 July, based on the Consumer Price Index up to the preceding 31 March are proposed.
3. There have been changes to Schedule 2 of the Passports Regulations, setting out the fees to be levied for passports for the period 1 October 1987 to 1 July 1988.
4. It is proposed that these changes be brought into effect on and from 1 October 1987 as part of the Budget package.
5. The regulations enclosed herewith have been prepared to amend Statutory Rules 1939 No. 47 as previously amended by Statutory Rules 1986 No. 25 and 212.
Statutory Rules 1987.
Overview
The Passports Regulations (Amendments) Statutory Rules 1987 No. 217 were enacted to address the need for regular adjustments to passport fees to reflect changes in the Consumer Price Index. This legislative amendment was introduced to ensure that the fees for issuing passports remain aligned with economic fluctuations, thus maintaining the financial sustainability of the passport issuance process. These regulations were made under the authority of the Minister of State for Foreign Affairs and Trade, pursuant to Section 12 of the Passports Act 1938, which empowers the Governor-General to make regulations necessary for carrying out the Act. The policy objective, as outlined in the decision of the Expenditure Review Committee of Cabinet on 21 August 1987, was to index the passport fees to the Consumer Price Index, with initial adjustments based on the fees effective up to 31 March 1987 and subsequent annual adjustments based on the Consumer Price Index up to the preceding 31 March.
Scope and Application
The Passports Regulations (Amendments) Statutory Rules 1987 govern the fees associated with the issuance of passports in Australia, amending the existing regulations under the Passports Act 1938. These amendments apply to all individuals and entities seeking the issuance of passports, including adults and prescribed minors. The regulations are designed to align the fees with the Consumer Price Index, ensuring they remain current with inflation. This adjustment is implemented nationally, affecting all jurisdictions within Australia. The amendments introduce a new fee structure effective from 1 October 1987, with subsequent annual adjustments based on the Consumer Price Index up to the preceding 31 March each year. The base fees set forth are $60 for adult passports and $25 for passports issued to prescribed minors. The scope of the amendments is confined to the specified fee adjustments and does not extend to other aspects of the Passports Act or its regulations, which remain governed by existing provisions.
Key Provisions
The main operative sections of the Passports Regulations (Amendments) Statutory Rules 1987, made under section 12 of the Passports Act 1938, primarily address the adjustment of fees for passport issuance. The regulations introduce a mechanism whereby the fees for passports are to be indexed to the Consumer Price Index (CPI). This means that the base fees for passports, which were initially set at $60 for an adult passport and $25 for a passport issued to a prescribed minor, will be adjusted periodically based on the CPI. The initial fee adjustments proposed in these regulations are to take effect from 1 October 1987, reflecting the CPI up to 31 March 1987. Subsequent adjustments are scheduled to occur annually on 1 July, based on the CPI up to the preceding 31 March.
These regulations impose certain obligations on the parties involved, particularly on those responsible for administering the Passports Act. They require the issuing authority to adjust the passport fees in accordance with the CPI, ensuring that the fees remain reflective of economic conditions and inflation rates. The amendments also necessitate that these new fee structures be communicated to the public and implemented as of the specified dates.
In terms of potential consequences, the Passports Regulations (Amendments) Statutory Rules 1987 do not explicitly detail offences, penalties, or specific civil or criminal consequences for breaches. However, failure to adhere to the prescribed fee structures as mandated by these regulations could potentially lead to administrative or legal consequences under the broader framework of the Passports Act 1938. For instance, non-compliance might result in fines or other penalties as prescribed under the Act. It is important to note that while the specific penalties are not outlined in these regulations, they are likely to be consistent with the penalties applicable under the Passports Act.