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))
- 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.
Overview
The Migration (IMMI 17/037: Places and Currencies for Paying of Fees) Instrument 2017 is an instrument made under the Migration Regulations 1994, which updates the places and currencies acceptable for the payment of fees related to migration applications, excluding the visa application charge. Enacted in 2017, this instrument was developed to address the need for updated information on where and in what currency migration fees can be paid, ensuring the administrative process remains efficient and aligned with current economic conditions. The instrument was made under the authority of the Chief Financial Officer, Finance Division, and was exempt from disallowance, thereby not requiring a Statement of Compatibility with Human Rights. This change streamlines the application process by providing clarity on the acceptable methods of fee payment, ensuring that applicants have up-to-date information to facilitate their applications.
Scope and Application
The Migration (IMMI 17/037: Places and Currencies for Paying of Fees) Instrument 2017 applies to the payment of fees for migration-related services under the Migration Regulations 1994, excluding the visa application charge. This instrument specifically updates the locations and currencies in which these fees must be paid, thereby directly affecting individuals and entities seeking to apply for or change their migration status. The instrument operates nationally, as it is made under the Commonwealth's authority. It is noteworthy that the instrument exempts itself from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, given its minor nature and the advice of the Office of Best Practice Regulation. The Chief Financial Officer, delegated the necessary powers, made the instrument, which came into effect on 1 July 2017, replacing the previous instrument IMMI 17/002.
Key Provisions
The Migration (IMMI 17/037: Places and Currencies for Paying of Fees) Instrument 2017, made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994, serves to update the specific locations and currencies accepted for the payment of fees related to migration matters, excluding those fees specifically referenced in paragraph 5.36(3A). This instrument repeals the previous IMMI 17/002 instrument (F2016L02009) to ensure that the details regarding payment locations and currencies are current and reflect any changes since the last update. The instrument is a minor update, as it does not substantially alter existing arrangements and thus did not require consultation or a Regulatory Impact Statement.
The key provisions of this instrument impose obligations on individuals and entities required to pay migration fees. Under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations, parties must now use the specified locations and currencies for fee payments. This update ensures that all payments are made in the correct format, which is crucial for the processing of migration applications and other related fees. The instrument also relies on the powers delegated under the Instrument of Delegation DEL 17/026, signed on 9 May 2017, and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
Failure to comply with the updated specifications for fee payments, as outlined in this instrument, does not explicitly state any specific offences or penalties. However, non-compliance could potentially lead to delays or issues in the processing of migration applications. It is important for applicants and other relevant parties to adhere to the specified payment methods to avoid any complications with their applications. The instrument's minor nature implies that the consequences of non-compliance are likely administrative rather than involving specific fines or penalties.