Overview

The Migration (Immi 17/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017 is a legislative instrument made under subregulation 5.36(1A) of the Migration Regulations 1994. The primary objective of this Instrument is to update the exchange rates of foreign currencies relative to the Australian Dollar for the purpose of calculating visa application charges and fees. This update was necessary to reflect current economic conditions and to ensure that the financial requirements for visa applications remain fair and accurate. The Instrument revokes a previous instrument, IMMI 16/035, in accordance with the provisions of the Acts Interpretation Act 1901, which allows for the repeal and replacement of legislative instruments. No consultation was required for the creation of this Instrument as it is deemed of a minor and administrative nature, not substantially altering existing arrangements. Furthermore, the Office of Best Practice Regulation determined that a Regulatory Impact Statement was unnecessary for this change. The Minister delegated the power to specify the exchange rates to the Chief Financial Officer, Finance Division, and the Instrument is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015. The Instrument came into effect on 1 January 2017.

Scope and Application

The Migration (Immi 17/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017, which is a subordinate instrument made under subregulation 5.36(1A) of the Migration Regulations 1994, concerns the payment of visa application charges and fees in foreign currencies. The Instrument specifically revokes a previous instrument (IMMI 16/035) and allows the Minister for Home Affairs to specify foreign currencies and their relevant exchange rates in relation to the Australian Dollar, facilitating the calculation of fees and visa application charges that must be paid. The scope of this Instrument is limited to updating the currency exchange rates for calculating such payments, and it applies to all visa applicants who are required to pay fees and charges in a foreign currency under the Regulations. The Instrument does not apply to charges governed by another subsection of the Regulations. It operates nationally as part of the Commonwealth's regulatory framework concerning migration. This Instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. It came into effect on 1 January 2017.

Key Provisions

The primary operative sections of Instrument 2017 (F2016L02007) relate to the revocation of Instrument 2016 (F2016L00632) and the introduction of updated exchange rates for the payment of visa application charges and fees in foreign currencies. This change is made under subregulation 5.36(1A) of the Migration Regulations 1994 (the Regulations) (section 1). The Instrument serves to update the currency exchange rates, which are used to calculate the amount of fees and charges payable in foreign currencies under regulation 5.36 of the Regulations (section 3). This update is essential for ensuring the accuracy and fairness of the fees and charges in line with current economic conditions. The obligations and requirements imposed by this Instrument on the parties or entities it governs include the specification of foreign currencies and their relevant exchange rates in relation to the Australian Dollar (section 3). This responsibility is delegated to the Chief Financial Officer, Finance Division, under Instrument of Delegation, DEL 16/067 (section 7). The specified exchange rates must be used for calculating the amount of fees and charges that applicants must pay in accordance with regulation 5.36 of the Regulations. Additionally, the Instrument exempts the fees and charges that are subject to subregulation 5.36(3A) of the Regulations, meaning that these particular fees are not affected by the exchange rate updates (section 3). In terms of offences, penalties, or consequences for breach, the Instrument does not explicitly outline specific civil or criminal penalties for non-compliance with its provisions. However, given its role in updating exchange rates for fee calculations, any failure to apply the correct exchange rate could result in applicants either overpaying or underpaying their fees, leading to potential administrative issues or delays in processing visa applications. The overarching legislative framework under which the Instrument operates, the Migration Regulations 1994, does provide for penalties and sanctions for non-compliance with visa-related fees and charges, which could include fines or other administrative penalties. The specific penalties would be determined in accordance with the relevant provisions of the Migration Act 1958 and the Migration Regulations 1994.