Commonwealth Numbered Regulations - Explanatory Statements

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PASSPORT REGULATIONS (AMENDMENT) 1995 NO. 182

Statutory Rules 1995 No. 182

Issued by the authority of the Minister for Foreign Affairs

Passports Act 1938

Passport Regulations (Amendment)

Section 12 of the Passports Act 1938 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 13 of the Passports Regulations (the Regulations) provides that fees are payable in respect of passports and travel documents as specified in Schedule 2 of the Regulations.

The purpose of these amendments is to allow for the issue of convention travel documents to refugees, and to give effect to a Government decision to increase fees for passport issue on 1 July each year to take account of increases in the Consumer Price Index for the 12 months ending on 31 March of the previous year. In addition, South Africa is included as a Commonwealth country in Schedule 1, allowing documents of identity to be issued to nationals of that country under regulation 10.

Subregulation 1 provides that these Regulations commence on 1 July 1995.

Subregulation 2.1 provides that the Passport Regulations are amended as set out in the Regulations.

Subregulation 3.1 sets out the definition of 'authorised officer'.

Subregulations 4.1, 5.3, 6.1, 8.2, 9.1, 10.2 and 11.1 omit 'authorized officer' and substitute 'authorised officer'.

Subregulations 5.1 and 5.2 include a reference to a 'convention travel document', consistent with the introduction of Regulation 8.

Subregulation 7.1 inserts Regulation 8, which deals with the issue of convention travel documents to refugees pursuant to the Convention relating to the Status of Refugees dated 28 July 1951 and in force in Australia from 22 April 1954, and the Protocol in. force under that Convention. The Convention and the Protocol are collectively referred to as the Convention.

New subregulation 8(1) provides that an authorised officer may issue a convention travel document to a person who is not an Australian citizen, who is a refugee recognised under the Convention and who qualifies under subregulation (2)and (3).

New subregulation 8(2) and 8(3) set out conditions which a person must satisfy in order to qualify for the issue of a convention travel document under subregulation 8(1).

New subregulation 8(4) sets out the time for a which a convention travel document is valid.

New subregulation 8(5) provides that a convention travel document may be renewed or extended.

New subregulation 8(6) states that he meaning of 'residence' or 'staying in a country', in relation to a person, is the same under this regulation as under the Convention.

Subregulation 8.1 introduces a new subregulation 9(1), which amends the circumstances in which a certificate of identity may be issued.

Subregulation 8.3 omits subregulation 9(3), which had existed only to interpret the term 'protection visa' in the previously existing subregulation 9(1).

Subregulations 10.1 and 10.3 include a reference to a convention travel document, consistent with the introduction of new Regulation 8.

Subregulation 11.2 sets out the categories of reviewable decisions.

Schedule 1 is amended to include South Africa as a Commonwealth country for the purposes of subregulation 10(1)(b), which provides for the issue of documents of identity for travel purposes to a person who possesses the nationality of a Commonwealth country.

Schedule 2 is amended to specify revised fees to be charged for the issue of travel documents, and to set out the fees to be paid in respect of the issue and renewal of convention travel documents. For example, the fee to be charged for the issue of an ordinary adult passport would be increased from $102 to $106.