EXPLANATORY STATEMENT
PASSPORTS ACT 1938
PASSPORTS REGULATIONS (AMENDMENTS)
Statutory Rules 1988 No. 147 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 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. Thereafter annual increases to fees each 1 July, based on the Consumer Price Index up to the preceding 31 March were proposed.
3. The Expenditure Review Committee also decided in Decision No. 9829 (ERC) that a new 64 page passport for frequent travellers should be introduced at an initial fee of $100. An annual increase to that fee each 1 July, based on the Consumer Price Index up to the preceding 31 March was proposed.
4. Schedule 2 of the Passports Regulations has been repealed and a new Schedule 2 substituted which sets out the fees to be levied for passports for the period 1 July 1988 to 1 July 1989 and introduces the new 64 page passport.
5. A drafting irregularity found in sub-regulation 9(2) of the Passports Regulations has been rectified by omitting words referring to sub-regulation 9(1A) and substituting words referring to sub-regulation 9)1).
6. It is proposed that these changes be Drought into effect on and from 1 July 1988 as part of the Budget package.
7. 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 and Statutory Rules 1987 No. 217.
Overview
The Passports Regulations (Amendments) Statutory Rules 1988 No. 147 were enacted by the authority of the Minister of State for Foreign Affairs and Trade under the Passports Act 1938. These amendments were introduced to address the need for updated fee structures and the introduction of a new 64-page passport for frequent travellers, as recommended by the Expenditure Review Committee of Cabinet in Decision No. 9829 (ERC). The amendments sought to index the fees for passports to the Consumer Price Index, reflecting the rising costs and ensuring the sustainability of the passport issuance system. Additionally, the introduction of a new passport type aimed to cater to the needs of frequent travellers, providing them with a more durable option. The policy objective behind these changes was to implement a structured fee adjustment mechanism based on economic indicators and to enhance the passport issuance process by offering a better suited option for high-frequency users.
Scope and Application
The Passports Regulations (Amendments) Statutory Rules 1988 No. 147, issued under the authority of the Minister of State for Foreign Affairs and Trade, amend the Passports Regulations to update the fees associated with the issuance of passports in Australia, aligning them with the Consumer Price Index and introducing a new 64-page passport for frequent travellers. These regulations apply to all Australian citizens and residents who require passports, and to entities that issue passports on their behalf, such as the Department of Foreign Affairs and Trade. The updated fees take effect from 1 July 1988, with annual adjustments proposed for subsequent years based on the Consumer Price Index. The amendments ensure that passport fees reflect inflation and the introduction of a new, more durable passport option aims to meet the needs of frequent travellers. The jurisdictional reach of these regulations is national, applying across all states and territories of Australia. The regulations also rectify a drafting irregularity in the existing framework to ensure clarity and legal coherence in the application of the Passports Act 1938.
Key Provisions
The Passports Regulations (Amendments) Statutory Rules 1988 No. 147, issued under the authority of the Minister of State for Foreign Affairs and Trade, primarily concern the adjustment of fees for passport issuance and the introduction of a new passport type. According to section 12 of the Passports Act 1938, these regulations prescribe matters necessary for carrying out the Act, including the fees for passports (paragraph 2). The new fees are indexed to the Consumer Price Index, with a base fee of $60 for an adult passport and $25 for a passport issued to a prescribed minor, effective from 1 October 1987 (paragraph 2). Additionally, a new 64-page passport for frequent travellers is introduced with an initial fee of $100, subject to annual increases based on the Consumer Price Index (paragraph 3).
These regulations impose several obligations on the parties involved. Firstly, the fees outlined in Schedule 2 of the Passports Regulations are to be levied for the period from 1 July 1988 to 1 July 1989, reflecting the new indexing method and the introduction of the 64-page passport (paragraph 4). Secondly, the drafting irregularity in sub-regulation 9(2) has been corrected by amending references to sub-regulation 9(1A) to sub-regulation 9(1) (paragraph 5). These regulatory changes aim to ensure that passport fees are adjusted in accordance with inflation and to provide an additional option for frequent travellers.
Failure to comply with the regulations could result in civil or administrative consequences. While the explanatory statement does not explicitly detail the penalties for breaches, it is understood that non-compliance with regulations governing passport fees could lead to financial penalties or other administrative actions as prescribed by the Passports Act 1938. The specific penalties would be determined based on the nature and severity of the breach, potentially including fines or other enforcement measures.
Overall, the amendments to the Passports Regulations (Amendments) Statutory Rules 1988 No. 147 are designed to align passport fees with inflation and to offer a new passport type for frequent travellers, ensuring that the regulatory framework remains current and effective. These changes are set to take effect from 1 July 1988, as part of the budget package agreed upon by the Expenditure Review Committee (paragraph 7).