This compilation was prepared on 15 July 2004
taking into account amendments up to SR 2004 No. 212
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement
3 Definitions
4 Authorised officers
5 Application for Australian passports etc
6 Priority processing
7 Validity of Australian passports
8 Convention travel documents
9 Certificates of identity
10 Documents of identity
11 Endorsement of Australian passport etc
12 Disclosure of information to specified persons or organisations
13 Fees
14 Review of decisions
15 Notice of decision
16 Delegation
Schedule 1 Issue of documents of identity
Schedule 2 Fees
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Passports Regulations 1939.
2 Commencement
These Regulations shall come into operation on the first day of July, 1939.
3 Definitions
In these Regulations, unless the contrary intention appears:
authorised officer, in relation to any matter, means an officer authorised in that behalf by the Minister.
Commonwealth country means a country referred to in Schedule 1.
convention travel document means a document issued under subregulation 8 (1).
the Act means the Passports Act 1938.
4 Authorised officers
The exercise of any power or function of an authorised officer under these Regulations shall in all cases be subject to any directions of the Minister.
5 Application for Australian passports etc
(1) An application for:
(a) an Australian passport, a convention travel document, a certificate of identity or a document of identity for travel purposes;
(b) the endorsement of an Australian passport; or
(c) the renewal or endorsement of a convention travel document, certificate of identity or a document of identity for travel purposes;
shall be in accordance with a form approved by the Minister.
(2) An authorised officer may require an applicant to furnish such further evidence in relation to any application under these Regulations as the officer deems necessary.
6 Priority processing
(1) This regulation applies if:
(a) an application under regulation 5 is accompanied by a priority processing fee; and
(b) the applicant is entitled to the issue of the document for which the application is made.
(2) The authorised officer must issue the document to the applicant within 48 hours after receiving all the evidence required under regulation 5.
(3) The priority processing fee must be returned to the applicant if:
(a) the document is not issued within 48 hours after receiving all the evidence required under regulation 5; or
(b) the authorised officer is satisfied that there are compassionate grounds for the return of the fee.
(4) For this regulation, the period of 48 hours does not include the 24 hours of any day on which the office at which the authorised officer works is not open to the public.
7 Validity of Australian passports
(1) An Australian passport expires:
(a) for a prescribed minor — on a day, not later than 5 years after it is issued, specified in the passport; or
(b) for a person who chooses under subregulation (2) — on a day, not later than 5 years after it is issued, specified in the passport; or
(c) in any other case — on a day, not later than 10 years after it is issued, specified in the passport.
(2) An Australian citizen aged at least 75 years may choose to be issued with an Australian passport that expires on a day, not later than 5 years after it is issued, specified in the passport.
8 Convention travel documents
(1) An authorised officer in Australia may issue a convention travel document to a person who is present in Australia if the person:
(a) is not an Australian citizen; and
(b) is a refugee recognised under 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 (in this regulation collectively called the Convention); and
(c) qualifies under subregulation (2) or (3).
(2) A person qualifies under this subregulation if the person is lawfully resident in Australia or otherwise lawfully staying in Australia.
(3) A person qualifies under this subregulation if the person:
(a) is not lawfully resident in Australia; and
(b) is unable to obtain a travel document from the country of his or her lawful residence.
(4) A convention travel document has effect for a period ending at the expiration of a day specified by the officer in the document, being:
(a) in the case of a document issued to a person who qualifies under subregulation (2) — a day not later than 2 years after the day on which the document is issued; or
(b) in the case of a document issued to a person who qualifies under subregulation (3) — a day not later than 1 year after the day on which the document is issued.
(5) An authorised officer in an overseas country may renew or extend for a period of 6 months a convention travel document issued to a person who qualifies under subregulation (2).
(6) In this regulation, a reference to residence or staying in a country (including Australia), in relation to a person, has the meaning that it has in the Convention.
9 Certificates of identity
(1) An authorised officer may issue a certificate of identity to a person who:
(a) is not an Australian citizen; and
(b) is about to leave Australia; and
(c) is:
(i) stateless; or
(ii) unable to obtain a passport from a consular representative of the country of which the person claims to be a national.
(1A) Where an authorised officer issues a certificate of identity under subregulation (1), the certificate shall be issued in respect of a period ending at the expiration of a day specified by the officer in the certificate, being a day not later than 5 years after the day on which the certificate is issued.
(2) Where a certificate of identity is issued under subregulation (1) in respect of a period, an authorised officer may renew that certificate for a further period ending at the expiration of a day specified by the officer in the certificate, being a day not later than 5 years after the day on which the certificate was issued.
10 Documents of identity
(1) An authorised officer may issue a document of identity for travel purposes to a person, being:
(a) in a case where the issue of an Australian passport to the person is unnecessary or undesirable — an Australian citizen; or
(b) a person who possesses the nationality of a Commonwealth country.
(1A) Where an authorised officer issues a document of identity under subregulation (1), the document shall be issued in respect of a period ending at the expiration of a day specified by the officer in that document, being a day not later than 5 years after the day on which the document is issued.
(2) Where a document of identity is issued under subregulation (1) in respect of a period, an authorised officer may renew that document for a further period ending at the expiration of a day specified by the officer in the document, being a day not later than 5 years after the day on which the document was issued.
11 Endorsement of Australian passport etc
(1) In this regulation, a reference to an Australian passport shall be read as including a reference to a convention travel document issued under regulation 8, a certificate of identity issued under regulation 9 or a document of identity issued under regulation 10.
(2) In issuing an Australian passport, an authorised officer may endorse that passport in accordance with subregulation (4).
(3) Where an Australian passport has been issued, an authorised officer may, at any time after the issue of the passport, endorse that passport in accordance with subregulation (4).
(4) For the purposes of subregulation (2) or (3), an authorised officer may endorse an Australian passport:
(b) to restrict the countries in respect of which the passport is valid;
(c) to make the passport valid in respect of countries for which, except for such endorsement, it would not be valid;
(d) to specify such particulars as the authorised officer thinks fit.
(5) For the purposes of subregulation (2) or (3), an authorised officer may endorse a convention travel document, a certificate of identity or a document of identity to reduce the period of its validity.
12 Disclosure of information to specified persons or organisations
(1) Subject to subregulation (4), the Minister may disclose to a person or organisation mentioned in subregulation (2) the information mentioned in subregulation (3), for the purposes of:
(a) informing the person or organisation about the status of an Australian travel document; and
(b) traveller facilitation.
(2) The persons and organisations are:
(a) the Secretary of the New Zealand Department of Labour; and
(b) the United States Department of Homeland Security; and
(c) the International Criminal Police Organisation (Interpol).
(3) The information is:
(a) information contained on the data page of the Australian travel document including, but not limited to, the following:
(i) the document number;
(ii) the document type;
(iii) the date of issue of the document;
(iv) the date of expiry of the document;
(v) the authority of the document;
(vi) the document holder’s family name, given name and sex;
(vii) the document holder’s nationality;
(viii) the document holder’s date of birth;
(ix) the document holder’s place of birth;
(x) the document holder’s photograph; and
(b) the status of the Australian travel document, including, but not limited to, the following:
(i) whether the document has expired;
(ii) whether the document has been lost or stolen;
(iii) whether the document has been fraudulently obtained;
(iv) whether the document is in some way restricted in its use; and
(c) any other information that is necessary to establish the authenticity of a passenger holding an Australian travel document.
(4) The Minister may disclose the information to a person or organisation only if:
(a) that person has entered into a memorandum of understanding with the Minister that has been signed by or for the Minister; and
(b) the memorandum of understanding:
(i) states that the information must be used only to check travel documents for a purpose mentioned in subregulation (1); and
(ii) explains what information will be disclosed to the person or organisation; and
(iii) deals with the storage and security of information disclosed to the person or organisation; and
(iv) deals with the disclosure of information by the person or organisation.
(5) If a person or organisation other than a person or organisation mentioned in subregulation (2) becomes responsible for checking a type of Australian travel document for a purpose mentioned in subregulation (1), the Minister may give the information about the document to the other person or organisation if:
(a) the other person or organisation has entered into a memorandum of understanding with the Minister that has been signed by or for the Minister; and
(b) the memorandum of understanding complies with the requirements of paragraph (4) (b).
(6) In this regulation:
Australian travel document means any of the following:
(a) an Australian passport;
(b) a convention travel document issued under regulation 8;
(c) a certificate of identity issued under regulation 9;
(d) a document of identity issued under regulation 10.
13 Fees
(1) Subject to subregulation (2), there is payable in respect of a matter specified in Column 2 of an item in Schedule 2 the amount specified in Column 3 of that item.
(2) The Minister may grant exemptions from the payment of fees under these Regulations in respect of the following persons:
(a) Commonwealth Government officials travelling on official business;
(aa) spouses and children travelling at official expense while accompanying their spouses or parents, or travelling at official expense to join their spouses or parents abroad;
(b) persons travelling in any public capacity; and
(c) persons in respect of whom the Minister is of the opinion that in view of special circumstances it is not desirable that any fees should be charged.
14 Review of decisions
(1) In this regulation:
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Ministerial decision means a decision by the Minister being:
(a) a decision under subregulation 13 (2) to grant an exemption from the payment of fees;
(b) a direction pursuant to regulation 4 in respect of a decision by an authorised officer under these Regulations;
(c) a decision under subregulation (2) of this regulation; or
(d) a decision under subregulation (4) of this regulation.
reviewable decision means any of the following decisions of an authorised officer:
(a) a decision under subregulation 5 (2) to require an applicant to furnish further evidence;
(b) a decision under regulation 8 to issue or renew a convention travel document;
(c) a decision under regulation 8 not to issue or renew a convention travel document;
(d) a decision under regulation 9 to issue or renew a certificate of identity;
(e) a decision under regulation 9 not to issue or renew a certificate of identity;
(f) a decision under regulation 10 to issue or renew a document of identity for travel purposes;
(g) a decision under regulation 10 not to issue or renew a document of identity for travel purposes;
(h) a decision under regulation 11 to endorse an Australian passport, a convention travel document, a certificate of identity or a document of identity for travel purposes;
(i) a decision under regulation 11 not to endorse an Australian passport, a convention travel document, a certificate of identity or a document of identity for travel purposes.
(2) Where a reviewable decision is made, a person affected by the decision who is dissatisfied with the decision may, within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period) allows, make a written application to the Minister for the review of the decision by the Minister.
(3) There shall be set out in the application under subregulation (2) the reasons for making the application.
(4) Upon the receipt of an application under subregulation (2) for the review of a reviewable decision, the Minister shall review that decision and shall make a decision:
(a) affirming the decision under review;
(b) varying the decision under review; or
(c) setting aside the decision under review and making a decision in substitution for the decision so set aside.
(5) Application may be made to the Administrative Appeals Tribunal for review of a Ministerial decision.
(6) Where the Minister makes a decision under subregulation (4), the Minister shall give written notice of that decision, together with a statement of the reasons for the decision, to:
(a) the person, or each person, to whom written notice of the reviewable decision to which the decision of the Minister or his delegate relates was given; and
(b) the person who made the application for the review of that reviewable decision.
15 Notice of decision
(1) Where the Minister makes a Ministerial decision within the meaning of regulation 14 and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.
(2) Where a reviewable decision within the meaning of regulation 14 is made and notice of the making of the decision is given to the person or persons whose interests are affected by the decision, that notice shall include a statement to the effect that a person affected by the decision may, if he or she is dissatisfied with the decision:
(a) seek review of the decision by the Minister in accordance with subregulation 14 (2); and
(b) if he or she is dissatisfied with the decision upon that review — make application to the Administrative Appeals Tribunal for review of that last-mentioned decision.
(3) Any failure to comply with the requirements of subregulation (1) or (2) in relation to a decision does not affect the validity of the decision.
16 Delegation
(1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by the Minister, delegate to an officer of the Department, being a Senior Executive Service Officer within the meaning of the Public Service Act 1922, the Minister’s powers in relation to the review of reviewable decisions referred to in regulation 14, other than a reviewable decision in the making of which the officer has had a part.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Minister.
(3) A delegation under this regulation does not prevent the exercise of a power by the Minister.
Schedule 1 Issue of documents of identity
(regulation 3)
Commonwealth countries
Antigua and Barbuda
Namibia
Australia
Nauru
The Bahamas
New Zealand
Bangladesh
Nigeria
Barbados
Pakistan
Belize
Papua New Guinea
Botswana
St Christopher-Nevis
Brunei
St Lucia
Canada
St Vincent and Grenadines
Cyprus
Seychelles
Dominica
Sierre Leone
The Gambia
Singapore
Ghana
Solomon Islands
Grenada
South Africa
Guyana
Sri Lanka
India
Swaziland
Jamaica
Tonga
Kenya
Trinidad & Tobago
Kiribati
Tanzania
Lesotho
Tuvalu
Malawi
Uganda
Malaysia
United Kingdom
Maldives
Vanuatu
Malta
Western Samoa
Mauritius
Zambia
Zimbabwe
Schedule 2 Fees
(regulation 13)
Item
Matter
Fee ($)
1
Issue to a person (other than a prescribed minor) of an Australian passport of 32 pages (including a diplomatic or official passport)
150
2
Issue to a prescribed minor of an Australian passport of 32 pages (including a diplomatic or official passport)
75
3
Issue to a person aged at least 75 years of an Australian passport of 32 pages to be valid for not more than 5 years (including a diplomatic or official passport)
75
4
Issue to a person (other than a prescribed minor) of an Australian passport of 64 pages
226
5
Issue to a prescribed minor of an Australian passport of 64 pages
113
6
Issue to a person aged at least 75 years of an Australian passport of 64 pages to be valid for not more than 5 years (including a diplomatic or official passport)
113
7
Observation made after the issue of a passport
11
8
Issue of a certificate of identity
90
9
Issue of a document of identity, except the issue to an Australian citizen of a document of identity endorsed as valid only for travel between Norfolk Island and mainland AustraliaNote No fee is payable for the issue to an Australian citizen of a document of identity endorsed as valid only for travel between Norfolk Island and mainland Australia.
30
10
Renewal of a certificate of identity
11
11
Renewal of a document of identity
11
12
Issue of a convention travel document
90
13
Renewal of a convention travel document
9
14
Priority processing fee
63
Notes to the Passports Regulations 1939
Note 1
Note: The Passports Regulations 1939 (in force under the Passports Act 1938) as shown in this compilation comprise Statutory Rules 1939 No. 47 amended as indicated in the Tables below.