EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 17/084: Payment of Visa Application Charges and Fees in Foreign Currencies) Amendment Instrument 2017
(Paragraph 5.36(1A)(a))
- Instrument IMMI 17/084 is made under paragraph 5.36(1A)(a) of Part 5 of the Migration Regulations 1994 (the Regulations).
2. The instrument amends Migration (IMMI 17/036: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017 (F2017L00665) under paragraph 5.36(1A)(a) of Part 5 of the Regulations and in accordance with
subsection 33(3) of the Acts Interpretation Act 1901 (Acts Interpretation Act). Subsection 33(3) of the Acts Interpretation Act 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. Section 46 of the Legislation Act 2003 (Legislation Act), provides that if a legislative instrument has been registered, no legislative instrument the same in substance as the original is to be made during the period starting on the day on which the original legislative instrument was registered and, if the original legislative instrument was laid before both Houses on different days, ending at the end of 7 days after the later of those days. Instrument IMMI 17/036 was tabled in the House of Representatives on 15 June 2017 and in the Senate on 19 June 2017. As such, the relevant period referred to in section 46 of the Legislation Act has passed.
4. The amended instrument IMMI 17/036 operates for the Minister to specify foreign currencies and their relevant exchange rates in relation to the Australian Dollar. Instrument IMMI 17/036 is used to calculate the amount of a fee and a visa application charge (other than a visa application charge payment to which paragraph 5.36(3A) of Part 5 of the Regulations applies) that must be paid in accordance with paragraph 5.36 of Part 5 of the Regulations.
5. The purpose of the instrument IMMI 17/084 is to amend the currency exchange rates for the purposes of paragraph 5.36(1A)(a) of Part 5 of the Regulations. In particular, this instrument amends the exchange rate for the Korean Won.
6. In accordance with paragraph 15J(2)(e) of the Legislation Act consultation was not necessary. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22305).
8. 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 17/055, signed on 20 June 2017.
9. 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.
10. The instrument commences immediately after the commencement of the instrument IMMI 17/036, which commences on 1 July 2017.
Overview
The Migration (IMMI 17/084: Payment of Visa Application Charges and Fees in Foreign Currencies) Amendment Instrument 2017 (F2017L00858) was enacted to amend the Migration Regulations 1994, specifically the instrument IMMI 17/036, concerning the payment of visa application charges and fees in foreign currencies. The objective of this amendment was to adjust the currency exchange rates used for calculating the fees, particularly updating the exchange rate for the Korean Won. This amendment was made under the authority conferred by paragraph 5.36(1A)(a) of Part 5 of the Migration Regulations 1994 and in accordance with the Acts Interpretation Act 1901. The instrument was made without the necessity for consultation as it was deemed to be of a minor nature and did not substantially alter existing arrangements, as advised by the Office of Best Practice Regulation. The instrument took effect immediately after the commencement of the original instrument IMMI 17/036 on 1 July 2017.
Scope and Application
The Migration Regulations 1994 Amendment Instrument (IMMI 17/084) amends the Migration (IMMI 17/036: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017, specifically addressing the exchange rates for foreign currencies in relation to the Australian Dollar for visa application charges and fees. This amendment applies to all entities and individuals required to pay visa application charges and fees in foreign currencies under the Migration Regulations 1994. The instrument allows the Minister to specify foreign currencies and their relevant exchange rates, thereby affecting the computation of fees and charges for visa applicants. Jurisdictionally, this instrument operates within the Commonwealth of Australia and affects transactions involving foreign currency payments for visa applications. The amendment exempts itself from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, and a Statement of Compatibility with Human Rights is not required. The instrument's changes came into effect on 1 July 2017.
Key Provisions
The Migration Regulations 1994 (Regulations) have been amended through Instrument IMMI 17/084, which itself amends Instrument IMMI 17/036. This amendment pertains specifically to the exchange rates of foreign currencies, including the Korean Won, used for calculating visa application charges and fees (section 4). The primary purpose of this amendment is to update the currency exchange rates as per paragraph 5.36(1A)(a) of Part 5 of the Regulations.
The Regulations impose specific obligations on parties seeking to apply for visas. For example, applicants must pay fees in the prescribed currencies and at the rates set by the Minister, as amended through instruments like IMMI 17/084. This ensures consistency and transparency in the financial requirements of visa applications. The Regulations also empower the Minister to specify the currencies and their exchange rates, which is a crucial administrative function for maintaining up-to-date and accurate financial requirements for visa applicants.
In the event of non-compliance with the currency exchange rates specified in the Regulations, there could be civil or administrative penalties. For instance, if applicants do not pay the correct amount as per the specified exchange rates, their applications may be deemed incomplete or invalid. This could lead to delays or rejections in processing their visa applications. While the specific penalties are not detailed in the explanatory statement, it is reasonable to infer that adherence to the prescribed financial requirements is mandatory for the smooth processing of visa applications.
The amendment process for these regulations, as indicated, follows a structured legislative framework. The amendments are made under the authority conferred by the Acts Interpretation Act 1901 and the Legislation Act 2003. The necessity for consultation and other procedural requirements are assessed based on the nature and impact of the amendments, with Instrument IMMI 17/084 deemed minor and thus exempt from certain procedural obligations. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, reflecting its minor impact and administrative nature.