EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 17/037: Places and Currencies for Paying of Fees) Instrument 2017

(paragraphs 5.36(1)(a) and 5.36(1)(b))

1. Instrument IMMI 17/037 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).

2.             The instrument repeals IMMI 17/002 (F2016L02009) under paragraphs 5.36(1)(a) and 5.36(1)(b) of Part 5 of the Regulations and in accordance with
subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that 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.

3.             The instrument operates to specify, under paragraphs 5.36(1)(a) and 5.36(1)(b) of Part 5 of the Regulations in relation to the payment of a fee (other than a visa application charge mentioned in paragraph 5.36(3A)), the places and currencies in with payments must be made.  

4.             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 Part 5 of the Regulations.

5.             In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was not necessary.  The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22304).

7.             The Chief Financial Officer, Finance Division, who made the instrument was delegated the powers required to make the instrument in the Instrument of Delegation DEL 17/026, signed on 9 May 2017.

8.             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.

9.             The instrument commences on 1 July 2017.