Passports Regulations (Amendment)

Overview

The Passports Regulations (Amendment) 1996 No. 141, issued under the authority of the Minister for Foreign Affairs, was enacted to amend the existing Passports Regulations pursuant to the Passports Act 1938. This amendment aimed to address the need for regular adjustments in passport fees to account for inflation. The primary objective of these amendments is to implement a government decision to increase passport fees annually in line with the Consumer Price Index for the preceding twelve months ending on 31 March. The changes are reflected in a new Schedule 2, which details the updated fees for the issuance, renewal, and placement of observations on travel documents. For instance, the fee for issuing an ordinary adult passport was raised from $106.00 to $110.00. This legislative update ensures that the cost of passport services remains reflective of economic changes, thereby maintaining the financial sustainability of passport services.

Scope and Application

The Passports Regulations (Amendment) 1996 No. 141 applies to individuals and entities who are subject to the provisions of the Passports Act 1938 and the Passports Regulations. This includes Australian citizens and residents who require passports or travel documents for international travel, as well as entities that issue or process such documents on their behalf. The amendments are made under the authority of the Minister for Foreign Affairs and are designed to align the fees for passport issuance and travel documents with inflation, as measured by the Consumer Price Index. The changes are effective nationally across Australia and apply to all ordinary passports issued or renewed from 1 July each year. The amendments do not specify any exclusions or exemptions, and the fees are adjusted annually, as outlined in Schedule 2 of the Passports Regulations. The application of these regulations may be further extended or clarified through subordinate instruments made under the authority of the Passports Act 1938.

Key Provisions

The main operative sections of the Passports Regulations (Amendment) 1996 No. 141 involve adjustments to the fees specified in Schedule 2 of the Passports Regulations. Section 12 of the Passports Act 1938 (the Act) empowers the Governor-General to make regulations for the purposes of the Act, and these amendments give effect to the government’s decision to adjust passport fees annually. Regulation 13 of the Passports Regulations now incorporates a new Schedule 2 that details the revised fees for the issuance and renewal of passports and the placement of observations on travel documents. These amendments impose specific obligations on the parties governed by the Act, primarily related to fee payments. Under the new Schedule 2, applicants for passports and travel documents must now pay the updated fees. For instance, the fee for the issue of an ordinary adult passport has been increased from $106.00 to $110.00, effective from 1 July each year. This change aligns with the Consumer Price Index for the preceding twelve months ending 31 March, ensuring that the fees reflect the prevailing economic conditions. Failure to comply with the new fee requirements may result in civil or administrative consequences. While the explanatory statement does not explicitly mention specific offences or penalties, it is reasonable to infer that non-payment of the revised fees could lead to delays in passport issuance or renewal, or other administrative actions as per the Act's provisions. The precise consequences would depend on the policies and enforcement mechanisms established under the Passports Act 1938.