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Nauru Passports Act 2011 - Passports Regulations 2011

REPUBLIC OF NAURU

PASSPORTS REGULATIONS 2011

S.L. No. 2 of 2011

Table of Provisions

PART 1 – PRELIMINARY MATTERS

1 Citation
2 Commencement
3 Definitions

PART 2 – PRESCRIBED OFFENCES

4 Potential for harmful conduct – prescribed serious offences

PART 3 – VALIDITY OF TRAVEL DOCUMENTS

5 Period of validity – passports
6 Period of validity – travel-related document

PART 4 – DIPLOMATIC and official PASSPORTS

7 Conditions of diplomatic passports

PART 5 – FEES

8 Prescribed fees
9 Waiver of fee

SCHEDULE 1 – PRESCRIBED SERIOUS OFFENCES

SCHEDULE 2 – CONDITIONS OF DIPLOMATIC, OFFICIAL AND PRESIDENTIAL PASSPORTS SCHEDULE 3 – FEES

REPUBLIC OF NAURU

PASSPORTS REGULATIONS 2011

S.L. No. 2 of 2011

Cabinet makes the following regulations under section 57 of the Passports Act 2011:

PART 1 – PRELIMINARY MATTERS

1 Citation

These Regulations may be cited as the Passports Regulations 2011.

2 Commencement

These Regulations commence on the date the Passports Act 2011 commences.

3 Definitions

In these Regulations:

'citizen investor' means a person who has retained citizenship under section 10(1) of the Naoero Citzenship Act 2005.

PART 2 – PRESCRIBED OFFENCES

4 Potential for harmful conduct – prescribed serious offences

For section 18(a)(iv) of the Act, an offence against a provision mentioned in Schedule 1 is a prescribed serious offence against another Act.

PART 3 – VALIDITY OF TRAVEL DOCUMENTS

5 Period of validity – passports

For section 22(a) of the Act, the maximum period of validity for a passport is as follows:

(a) subject to paragraphs (b) to (d), 5 years;

(b) for a concurrent passport issued under section 21(a) of the Act –12 months;

(c) for an official, diplomatic or Presidential passport – 3 years;

(d) for a replacement passport for which the application fee is waived under regulation 9(a) – the period ending when the passport being replaced would otherwise have ceased to be valid.

6 Period of validity – travel-related document

For section 22(a) of the Act, the maximum period of validity for a travel-related document is as follows:

(a) subject to paragraphs (d) and (e), for a refugee travel document issued to a person qualified for the issue of the document under section 13(3) of the Act – 2 years;

(b) subject to paragraphs (d) and (e), for a refugee travel document issued to a person qualified for the issue of the document under section 13(4) of the Act – 12 months;

(c) subject to paragraphs (d) and (e), for a certificate of identity – 12 months;

(d) for a concurrent travel-related document issued under section 21(a) of the Act – 12 months;

(e) for a replacement travel-related document for which the application fee is waived under regulation 9(a) – the period ending when the document being replaced would otherwise have ceased to be valid.

PART 4 – DIPLOMATIC AND OFFICIAL PASSPORTS

7 Conditions of diplomatic passports

(1) The conditions specified in Schedule 2 apply to a diplomatic, official or Presidential passport.

(2) If a condition specified in Schedule 2 is breached by the holder of a diplomatic, official or Presidential passport who is employed or otherwise engaged by the Republic, the holder is taken to have breached a condition of the person’s employment or engagement.

PART 5 – FEES

8 Prescribed fees

(1) For section 7(2)(b) of the Act, the prescribed fee for an application for a Nauruan passport (other than a diplomatic, official or Presidential passport) is the total of the following amounts that apply:

(a) if the applicant is not a citizen investor – the amount specified for the passport in Schedule 3, Part 1, item 1;

(b) if the applicant is a citizen investor – the amount specified for the passport in Schedule 3, Part 1, item 2;

(c) if the applicant requests that the application be processed within 48 hours after it is made – the amount specified in Schedule 3, Part 1, item 3;

(d) if a Nauruan passport issued to the applicant has been lost, stolen or damaged in the 5 year period immediately before the application is made and the application is an application for a passport to replace a passport that has been lost, stolen or damaged – the amount specified in Schedule 3, Part 2, item 4 or 5;

(e) if the applicant requests that the passport be posted to the applicant by the Department – the amount specified in Schedule 3, Part 1, item 6.

(2) For section 12(2)(b) of the Act, the prescribed fee for an application for travel-related document is the amount specified in Schedule 3, Part 2.

9 Waiver of fee

The Minister may waive a fee prescribed under regulation 8 in any of the following circumstances:

(a) the fee is for an application for a replacement travel document to reflect a change of name of a person who:

(i) holds a current travel document of the same class; and

(ii) has changed his or her name to a name that is different to the name that appears on the current document because the person has:

(A) married or divorced or the person’s spouse has died; or

(B) been adopted under the Adoption of Children Act 1965 or a corresponding law of another jurisdiction;

(b) the fee is for an application for a new travel document to replace a travel document that is faulty as a result of error by the Department;

(c) the fee is for an application for a certificate of identity issued for the removal of a person from Nauru under the Immigration Act 1999;

(d) the fee is for a travel document that is required so a person can travel because of a medical emergency or family crisis and the person demonstrates to the Minister's satisfaction that the person does not have the means to pay the fee.

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SCHEDULE 1 – PRESCRIBED SERIOUS OFFENCES

regulation 4

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SCHEDULE 2 – CONDITIONS OF DIPLOMATIC, OFFICIAL AND PRESIDENTIAL PASSPORTS

regulation 7

1 A diplomatic, official or Presidential passport may be used only for travel for diplomatic, official or Presidential purposes.

2 A diplomatic, official or Presidential passport must be returned to the Department when it is no longer required for travel for diplomatic, official or Presidential purposes.

3 The loss or theft of a diplomatic, official or Presidential passport must be reported immediately to the Secretary.

Note

Under section 33 of the Act, the loss or theft of a passport must also be reported to an authorised officer, and failure to do so is an offence.

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SCHEDULE 3 – FEES

regulation 8

Part 1 – Passports

Part 2 – Travel-related documents