EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/002: PLACE AND CURRENCIES FOR
PAYING OF FEES) INSTRUMENT 2017
(Subregulation 5.36(1))
- Instrument IMMI 17/002 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).
- The Instrument revokes IMMI 16/036 (F2016L00626) under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations and in accordance with subsection 33(3) of the
Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. - The Instrument operates for the Minister to specify, under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations that the payment of a fee (other than a visa application charge mentioned in subregulation 5.36(3A)), the places and currencies in which payments must be made.
- The purpose of the Instrument is to update the places and currencies for the purposes of paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations.
- Consultation was not necessary for the making of the Instrument. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required for this change (OBPR Reference 21377).
- The Minister delegated his power in subregulation 5.36(1) of the Regulations to the Chief Financial Officer, Finance Division, in Instrument of Delegation, DEL 16/067, signed on 9 November 2016.
- Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Instrument commences on 1 January 2017
Overview
The Migration (Immi 17/002: Place and Currencies for Paying of Fees) Instrument 2017 was enacted to amend the Migration Regulations 1994 by specifying the locations and currencies through which fees must be paid, excluding visa application charges. This instrument was introduced to streamline and update the administrative processes concerning fee payments, ensuring that they reflect current economic and financial practices. The Australian Parliament enacted this instrument, reflecting the policy objective of maintaining efficient and up-to-date regulatory practices in the migration system. The instrument revokes a previous instrument, IMMI 16/036, to incorporate the latest specifications for fee payments, thereby addressing any outdated provisions and ensuring compliance with contemporary financial standards.
Scope and Application
The Migration Regulations 1994 (IMMI 17/002: Place and Currencies for Paying of Fees) Instrument 2017 applies to all individuals and entities who are required to make payments for migration-related fees under the Migration Act 1958. This includes applicants for visas, their family members, sponsors, employers, and any other parties involved in the visa application process. The Instrument specifies the authorised places and currencies for fee payments, thereby regulating the manner in which such fees must be paid. The scope of this Instrument is limited to Commonwealth jurisdiction, as it operates under the Migration Regulations 1994, which are federal in nature. Notably, the Instrument does not apply to visa application charges as mentioned in subregulation 5.36(3A) of the Regulations. The Minister for Immigration and Border Protection has delegated certain powers to the Chief Financial Officer, Finance Division, to facilitate the administration of fee payments under the Regulations. This Instrument is of a minor or machinery nature and exempt from disallowance, meaning that it does not require a Statement of Compatibility with Human Rights. The Instrument took effect on 1 January 2017.
Key Provisions
The Migration (IMMI 17/002: Place and Currencies for Paying of Fees) Instrument 2017 primarily operates to update the places and currencies in which fees must be paid for migration-related applications, as specified under subregulations 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994. This Instrument revokes the previous Instrument IMMI 16/036 (F2016L00626) and allows the Minister to designate specific locations and acceptable currencies for fee payments, excluding those fees mentioned in subregulation 5.36(3A). Essentially, the Instrument serves to streamline and clarify the payment procedures for various migration-related fees.
The obligations imposed by the Instrument are primarily administrative, mandating that applicants adhere to the specified places and currencies for fee payments as outlined by the Minister. This ensures consistency and transparency in fee transactions and helps avoid confusion or disputes regarding acceptable payment methods. The Chief Financial Officer, Finance Division, has been delegated the power to specify these details under subregulation 5.36(1) of the Regulations, as per Instrument of Delegation, DEL 16/067, signed on 9 November 2016.
There are no direct offences, penalties, or specific civil or criminal consequences stipulated within the Instrument itself. However, failure to comply with the specified payment instructions could potentially lead to administrative complications or delays in processing applications. The Instrument is designed to facilitate smoother operations and ensure that all fees are paid in the correct manner as per the current legal requirements. Importantly, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance, and thus, a Statement of Compatibility with Human Rights is not required. The Instrument came into effect on 1 January 2017, providing updated guidelines for fee payments within the migration framework.