Overview

The Migration (IMMI 17/118: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017 was enacted to address the need for regular updates to foreign currency exchange rates used in the calculation of visa application charges and fees under the Migration Regulations 1994. This instrument was made under the authority of the Migration Regulations 1994 and operates to specify the relevant foreign currencies and their exchange rates against the Australian Dollar. It replaces the previous instrument (F2017C00558) and ensures that the fees and charges are calculated accurately. The instrument was introduced by the Minister, who was authorised to make this instrument under the Instrument of Delegation DEL 17/055. The Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required, and consultation was deemed unnecessary as the instrument is of a minor nature. This instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. The instrument came into effect on 1 January 2018.

Scope and Application

The Migration (IMMI 17/118: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017 applies to the payment of visa application charges and fees in foreign currencies, as specified under the Migration Regulations 1994. It replaces the previous instrument (F2017C00558) and is made under the authority of the Migration Act 1958. This instrument allows the Minister to specify the exchange rates for foreign currencies relative to the Australian dollar, which is used to determine the amount of fees and charges that applicants must pay for visa applications, excluding those charges that are subject to subregulation 5.36(3A) of Part 5 of the Regulations. The instrument is intended for the biannual update of the relevant exchange rates, effective from 1 January 2018, and is applicable nationwide within Australia. The instrument does not require consultation or a Regulatory Impact Statement, as it is considered minor and does not substantially alter existing arrangements. It is exempt from disallowance and does not require a Statement of Compatibility with Human Rights.

Key Provisions

The Migration (IMMI 17/118: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017 (the Instrument) operates under the Migration Regulations 1994, and is specifically referenced in section 5.36(1A)(a) of Part 5 of the Regulations. This Instrument replaces a previous instrument, the Migration (IMMI 17/036: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2017, and aligns with the provisions of subsection 33(3) of the Acts Interpretation Act 1901, which allows for the repeal, amendment, or variation of instruments with similar powers. The primary function of this Instrument is to allow the Minister to specify foreign currencies and their respective exchange rates against the Australian Dollar for calculating visa application charges and fees, as outlined in regulation 5.36 of Part 5 of the Regulations. The purpose of this Instrument is to update the foreign currency exchange rates as of 1 January 2018, and it is considered a minor or machinery nature, thus exempt from the requirement for consultation or a Regulatory Impact Statement. The Instrument imposes obligations on the parties involved in the payment of visa application charges and fees in foreign currencies. Specifically, it mandates that the Minister is responsible for setting the exchange rates for foreign currencies in relation to the Australian Dollar. This ensures that applicants can accurately calculate the amount they need to pay for their visa applications when using foreign currencies. It is important to note that this Instrument does not apply to visa application charges to which subregulation 5.36(3A) of Part 5 of the Regulations applies, thus excluding certain charges from its purview. In terms of potential breaches or non-compliance, the Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for failure to adhere to its provisions. However, non-compliance with the specified exchange rates and calculations could potentially lead to disputes or incorrect payments, which might be subject to resolution under the broader provisions of the Migration Regulations 1994 or other applicable laws. Given the administrative nature of the Instrument, any significant issues arising from its non-compliance would likely be addressed through administrative processes rather than through specific penalties outlined in the Instrument itself.