Passports Regulations (Amendment) 1991 No. 204
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 204
Passports Act 1938
PASSPORTS REGULATIONS (AMENDMENT)
Issued by the authority of the Minister of State for Foreign Affairs and Trade.
1. 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 presecibed, for carrying out or giving effect to the Act.
2. On 21 August 1987 the Expenditure Review Committee of Cabinet agreed in Minute No 9829 (ER) 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. This decision was endorsed by Cabinet on 1 September 1987 (Decision No. 10043). 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.
3. Following a futher rise in the Consumer Price Index in the 12 months to 31 March 1991, this amendment will implement Cabinet's decision and increase the cost of an ordinary passport to $87 and of a child's passport to $36, as well as increasing other associated fees. In addition, the amendment will incorporate in the Passports Regulations fees schedule a separate fee of $61 for the issue of frequent traveller (64 page) passports to children.
Overview
The Passports Regulations (Amendment) 1991 No. 204, issued under the authority of the Minister of State for Foreign Affairs and Trade, amend the Passports Regulations 1991 to adjust passport fees in line with the Consumer Price Index, as endorsed by the Cabinet. The underlying legislation, the Passports Act 1938, enables the Governor-General to establish regulations necessary for the Act's implementation. The 1991 amendment responds to the rising costs reflected in the Consumer Price Index, increasing the fee for an ordinary adult passport to $87 and a child's passport to $36, and introducing a new fee of $61 for frequent traveller passports for children. This amendment ensures that passport fees remain aligned with inflation, maintaining the financial sustainability of the passport issuance process.
Scope and Application
The Passports Regulations (Amendment) 1991 No. 204 pertains to the amendments made to the Passports Regulations under the Passports Act 1938. These amendments are made in accordance with the authority granted under Section 12 of the Act, which allows the Governor-General to issue regulations necessary for the effective implementation of the Act. The primary focus of this amendment is to adjust the fees associated with the issuance of passports to reflect changes in the Consumer Price Index. This amendment applies to all persons and entities that are subject to the provisions of the Passports Act 1938, including individuals applying for passports and any entities facilitating the passport application process. The changes are implemented nationally, reflecting a uniform approach across Australia. The amendment excludes any fees not specified within the Passports Regulations, maintaining that only the prescribed fees are applicable. Any further adjustments or specifications regarding passport fees may be detailed in subordinate instruments issued under the authority of the relevant Minister.
Key Provisions
The main operative sections of the Passports Regulations (Amendment) 1991 No. 204 involve updating the fees for passport issuance and associated costs. Section 12 of the Passports Act 1938 grants the Governor-General the authority to make regulations necessary for the Act’s implementation, which includes adjusting the fees for passports. Pursuant to this authority, the amendment to the Passports Regulations introduces new fees, indexing them to the Consumer Price Index, which was agreed upon by the Expenditure Review Committee of Cabinet in Minute No 9829 (ER) on 21 August 1987, and endorsed by Cabinet on 1 September 1987. These changes, effective from 1 October 1991, set the cost of an ordinary passport at $87 and a child’s passport at $36. Additionally, a new fee of $61 is introduced for the issuance of frequent traveller (64 page) passports to children.
The Passports Regulations (Amendment) impose specific obligations on the parties involved, primarily the Department of Foreign Affairs and Trade, which administers the issuance of passports. The department is mandated to adjust the fees in accordance with the Consumer Price Index and update the fees schedule within the regulations to reflect the new amounts. This amendment also requires the department to inform the public about the new fees and ensure that these are accurately applied when processing passport applications.
Breaches of the Passports Regulations (Amendment) can result in penalties, although the specific nature of these penalties is not detailed in the explanatory statement. Generally, non-compliance with fees or regulations could lead to administrative or legal consequences, including fines or other sanctions as prescribed by the Passports Act. However, the exact penalties for non-compliance are not specified in the text provided, but they would typically be outlined in the Act or related regulations. The maximum penalties for breaches of passport regulations could be severe, reflecting the importance of maintaining the integrity of the passport issuance process.