Migration Amendment Regulations 2001 (No. 2) 2001 No. 47
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 47
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Amendment Regulations 2001 (No. 2)
Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may, make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Art.
In addition, regulations may be made pursuant to the following power:
- paragraph 504(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or regulations.
Schedule 1 of the Migration Regulations 1994 sets out the quantum of the visa application charge imposed on applications for specified visa classes. Parts 1, 2 and 5 of the Migration Regulations 1994 impose fees in relation to an application for approval as a business sponsor; a renewal of approval as a pre-qualified business sponsor; the nomination of business activities; the re-evidencing of a resident, return visa; an application for approval of an employer nominated position; a sponsorship fee; and a skill matching fee for the purposes of the Skill Matching (Migrant (Class BR)), visa.
The Regulations amend the Migration Regulations 1994 to provide for the indexation of fees and charges imposed under the Regulations in line with Government policy.
In accordance with CPI figures derived by the Department of Finance and Administration from data supplied by the Australian Bureau of Statistics, the indexation for the period of financial years 20002001 and 2001-2002 results in an increase of approximately 4.7% for most charges.
Details of the Regulations are as follows:
Regulation 1 - Name of Regulations
This regulation provides that these Regulations are the Migration Amendment Regulations 2001 (No. 2).
Regulation 2 - Commencement
This regulation provides that these Regulations commence on 1 April 2001.
Regulation 3 - Amendment of Migration Regulations 1994
This regulation provides that the Migration Regulations 1994 are amended as set out in Schedule 1 to these Regulations.
Regulation 4 - Application
This regulation provides that the amendments in item 2 of Schedule 1 apply to an application for a visa that is made on or after 1 April 200 1.
Schedule 1 - Amendments
Item 1 - Amendments of Parts 1.2, and 5
This item sets out a table which amends Parts 1, 2, and 5 of the Migration Regulations 1994 to provide for the annual indexation of specified fees.
Item 2 - Amendment of Schedule 1
This item sets out a table which amends Schedule 1 of the Migration Regulations 1994 to provide for the annual indexation of specified visa application charges.
The Regulations commence on 1 April 2001.
Overview
The Migration Amendment Regulations 2001 (No. 2) were enacted to amend the Migration Regulations 1994 in alignment with government policy, particularly concerning the indexation of fees and charges. This regulation was issued under the authority of the Minister for Immigration and Multicultural Affairs, aligning with the policy objective of ensuring that fees and charges are adjusted to reflect the Consumer Price Index (CPI) as calculated by the Department of Finance and Administration using data from the Australian Bureau of Statistics. The primary aim of these amendments was to adjust the fees for various visa applications and charges to account for inflation, ensuring that the cost of processing applications remains reflective of economic changes. These amendments took effect on 1 April 2001, impacting all applications made on or after this date.
Scope and Application
The Migration Amendment Regulations 2001 (No. 2) applies to the fees and charges prescribed in the Migration Regulations 1994 for various visa applications and sponsorships under the Migration Act 1958. These amendments are intended to ensure that the fees and charges are adjusted in line with government policy, specifically in accordance with the Consumer Price Index figures derived by the Department of Finance and Administration. The Regulations apply to any application for a visa made on or after 1 April 2001. The changes to the fees and charges, which are indexed annually, are detailed in Schedule 1 of the Regulations. These amendments serve to update the financial obligations associated with visa applications and sponsorships to reflect economic changes over time.
Key Provisions
The Migration Amendment Regulations 2001 (No. 2) (F2001B00099) establish and modify certain fees and charges under the Migration Regulations 1994. These regulations are made under the authority of section 504 of the Migration Act 1958, which allows the Governor-General to issue regulations that are consistent with the Act and necessary for its implementation. Specifically, Regulation 3 amends Parts 1, 2, and 5 of the Migration Regulations 1994 to adjust fees related to various visa applications and sponsorships. Regulation 4 ensures that these amendments apply to visa applications made after 1 April 2001.
The Migration Amendment Regulations 2001 (No. 2) impose several obligations on the parties governed by the Migration Regulations 1994. Most notably, they require applicants for specific visas and sponsors to pay fees that have been indexed in accordance with the Australian Consumer Price Index (CPI). The indexation is calculated based on data provided by the Australian Bureau of Statistics and is designed to keep pace with inflation. This means that for the financial years 2000-2001 and 2001-2002, fees were increased by approximately 4.7%. These obligations apply to any visa applications submitted on or after 1 April 2001.
Failure to comply with the fee requirements set out in the Migration Amendment Regulations 2001 (No. 2) can result in legal consequences. However, the explanatory statement does not explicitly outline specific offences, penalties, or consequences for non-compliance. Generally, non-compliance with fee regulations under the Migration Regulations 1994 could lead to the rejection of visa applications or the imposition of additional administrative penalties. Given the statutory context, it is prudent to refer to the broader provisions of the Migration Act 1958 and associated regulations to fully understand the potential consequences of non-compliance.