Australian Citizenship Amendment Regulations 2010 (No. 1)

Administered by Department of Home Affairs

Legislation au F2010L01519 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 116

 

Australian Citizenship Act 2007

 

Australian Citizenship Amendment Regulations 2010 (No. 1)

 

Section 54 of the Australian Citizenship Act 2007 (the Act) provides that the

Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. 

Paragraph 46(1)(d) of the Act provides that an application under a provision of the Act must be accompanied by the fee (if any) prescribed by the Australian Citizenship Regulations 2007 (the Principal Regulations).

 

The purpose of the Regulations is to amend the Principal Regulations to incorporate, by reference, instruments made under subregulation 5.36(1) and subregulation 5.36(1A) of the Migration Regulations 1994 (the Migration Regulations) which relate to the payment of fees in foreign currencies and foreign countries.

 

In particular, the amendments specify the foreign countries where a fee may be paid, the amount of foreign currency in which a fee may be paid, and how much foreign currency must be paid for a fee expressed in Australian dollars.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations commence on 1 July 2010. 

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there is no impact and no compliance costs on business.

 

No consultation was conducted as the amendments are of a minor nature and do not substantially alter existing arrangements.

 

 

 

 

 

 

ATTACHMENT

 

Details of the Australian Citizenship Amendment Regulations 2010 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Australian Citizenship Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 1 July 2010.

 

Regulation 3 – Amendment of Australian Citizenship Regulations 2007

 

Subregulation 3(1) provides that Schedule 1 amends the Australian Citizenship Regulations 2007 (the Principal Regulations).

 

Subregulation 3(2) provides that the amendments made by Schedule 1 apply in relation to an application made under the Australian Citizenship Act 2007 (the Act) on or after 1 July 2010.

 

Schedule 1 – Amendments

Item [1] – Subregulation 12A(7), definition of conversion instrument

This item amends the definition of “conversion instrument” currently in subregulation 12A(7) of the Principal Regulations by omitting “(IMMI 09/100) that commenced on 1 January 2010.” and inserting “(IMMI 10/020) that commenced on
1 July 2010.”.

The definition of “conversion instrument” is relevant to provisions in the Principal Regulations which allow a person who makes an application under the Act to pay the prescribed fee in a foreign currency specified in the conversion instrument.

The definition of “conversion instrument” is being amended to incorporate by reference, a new instrument titled “Payment of Visa Application Charges and Fees in Foreign Currencies, (IMMI 10/020)” which is proposed to be made under subregulation 5.36(1A) of the Migration Regulations 1994 (the Migration Regulations) and commence on 1 July 2010. This instrument sets out visa application charges and fee amounts in foreign currencies which correspond to amounts payable in Australian dollars. If the amount of the application fee is mentioned in the conversion instrument, then payment can be made in the corresponding amount in the foreign currency.  The number for that instrument to be made under the Migration Regulations is already allocated.

Due to the operation of section 14 of the Legislative Instruments Act 2003, it is not possible to incorporate by reference the instrument made under subregulation 5.36(1A) of the Migration Regulations as in force from time to time.  Rather, the new instrument will be incorporated by reference at the time of commencement of the Regulations.

Instruments made under the Migration Regulations are incorporated in the Principal Regulations because the Act does not currently permit the Minister to make instruments under the Principal Regulations.

Item [2] – Subregulation 12A(7), definition of places and currencies instrument

This item amends the definition of “places and currencies instrument” currently in subregulation 12A(7) by omitting “(IMMI 09/101) that commenced on
1 January 2010.” and inserting “(IMMI 10/021) that commenced on 1 July 2010.”.

This definition of “places and currencies instrument” is relevant to provisions in the Principal Regulations which allow a person who makes an application under the Act to pay the prescribed fee in a foreign country and a foreign currency specified in the places and currencies instrument.

The definition of “places and currencies instrument” is being amended to incorporate by reference a new instrument titled “Places and Currencies for Paying of Fees, (IMMI 10/021)” which is proposed to be made under subregulation 5.36(1) of the Migration Regulations and commence on 1 July 2010. The instrument sets out the places and currencies for paying fees.

Due to the operation of section 14 of the Legislative Instruments Act 2003, it is not possible to incorporate by reference the instrument made under subregulation 5.36(1) of the Migration Regulations as in force from time to time. Rather, those instruments will be incorporated by reference at time of commencement of the Regulations.  The number for that instrument to be made under the Migration Regulations is already allocated.

Instruments made under the Migration Regulations are incorporated in the Principal Regulations because the Act does not currently permit the Minister to make instruments under the Principal Regulations.

 

 

Overview

The Australian Citizenship Amendment Regulations 2010 (No. 1) were enacted to address the need for updating the Australian Citizenship Regulations 2007 to incorporate instruments made under the Migration Regulations 1994. These amendments were introduced to streamline the process for applicants to pay citizenship fees in foreign currencies and countries. The Australian Citizenship Act 2007 empowers the Governor-General to make regulations necessary for the Act's implementation. The policy objective of these regulations is to ensure that the fees for citizenship applications can be conveniently paid in foreign currencies and countries, aligning with the updated instruments under the Migration Regulations. The regulations were developed using the Office of Best Practice Regulation’s tools, ensuring minimal business impact and compliance costs, and were deemed minor enough to not require consultation. These regulations commenced on 1 July 2010.

Scope and Application

The Australian Citizenship Amendment Regulations 2010 (No. 1) apply to applications made under the Australian Citizenship Act 2007 and are intended to streamline the payment process for application fees by incorporating specific instruments from the Migration Regulations 1994. These amendments primarily concern the foreign countries and currencies through which applicants can pay their fees. Effective from 1 July 2010, the Regulations incorporate two new instruments from the Migration Regulations: "Payment of Visa Application Charges and Fees in Foreign Currencies, (IMMI 10/020)" and "Places and Currencies for Paying of Fees, (IMMI 10/021)". These instruments detail which foreign currencies are accepted and the equivalent amounts to be paid in those currencies for fees otherwise specified in Australian dollars. The Regulations are intended to provide clarity and convenience to applicants by ensuring that the specified instruments are referenced at the time of commencement. As the amendments pertain to the administration of fees, they do not substantially alter existing arrangements and did not require consultation.

Key Provisions

The Australian Citizenship Amendment Regulations 2010 (No. 1) introduce amendments to the Australian Citizenship Regulations 2007, effective from 1 July 2010, as specified in Regulation 2. These amendments are necessary to incorporate by reference two new instruments made under the Migration Regulations 1994. Regulation 3(1) specifies that Schedule 1 of the Regulations amends the Principal Regulations, and Regulation 3(2) clarifies that these amendments apply to applications made under the Australian Citizenship Act 2007 on or after the commencement date. The first amendment, detailed in Schedule 1, Item [1], updates the definition of "conversion instrument" in subregulation 12A(7) of the Principal Regulations. This definition is crucial for allowing applicants to pay their fees in foreign currencies specified in the conversion instrument. The amendment replaces the previous instrument (IMMI 09/100) with a new one (IMMI 10/020) that specifies the conversion rates for various foreign currencies, effective from 1 July 2010. The Regulations impose specific obligations on applicants for Australian citizenship, requiring them to pay the prescribed fee in the manner and currency specified by the amended Regulations. These obligations ensure that applicants are aware of the updated fee payment methods, including the new conversion rates and the inclusion of additional foreign currencies. The Regulations also stipulate that these amendments apply to any applications made on or after 1 July 2010, thereby ensuring that the changes are uniformly implemented across the board. The amendments to the definition of "places and currencies instrument" in Schedule 1, Item [2], similarly update the Principal Regulations to incorporate a new instrument (IMMI 10/021) under subregulation 5.36(1) of the Migration Regulations. This instrument details the specific places and currencies where fees can be paid, again effective from 1 July 2010. These amendments ensure that applicants can make payments in specified foreign currencies and countries, aligning with the updated provisions in the Migration Regulations. Failure to comply with the fee payment requirements as amended by these Regulations could potentially result in an application being considered incomplete or invalid. While the Regulations themselves do not specify explicit penalties for such non-compliance, the broader framework of the Australian Citizenship Act 2007 and the Australian Citizenship Regulations 2007 may include provisions for refusal or delay in processing applications that do not meet the prescribed fee payment requirements. This could lead to administrative consequences such as delays in the citizenship process or the need to resubmit applications with the correct fees, thereby impacting the applicant's timeline and experience.

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