Overview

The Migration (IMMI 17/119: Places and Currencies for Paying of Fees) Instrument 2017 is an instrument made under the Migration Regulations 1994 and operates to update the places and corresponding currencies in which fee payments for migration services must be made. The instrument was enacted to address the need for regular updates to the specified places and currencies for fee payments, ensuring that the payment mechanisms remain current and effective. It was developed in accordance with the powers conferred by the Migration Act 1958 and the Acts Interpretation Act 1901, and it repeals the previous instrument IMMI 17/037. The instrument was made under the authority delegated by the Chief Financial Officer, Finance Division, and it was determined that consultation was not necessary due to its minor nature. The instrument is exempt from disallowance and thus does not require a Statement of Compatibility with Human Rights. It came into effect on 1 January 2018.

Scope and Application

The Migration (IMMI 17/119: Places and Currencies for Paying of Fees) Instrument 2017 applies to the payment of fees under the Migration Regulations 1994, excluding visa application charges, by specifying the places and corresponding currencies in which these fees must be paid. This instrument is made under subregulations 5.36(1)(a) and 5.36(1)(b) of Part 5 of the Regulations, and it operates to update the biannual list of acceptable payment locations and currencies. It repeals the previous instrument IMMI 17/037 and is effective from 1 January 2018. The instrument does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as it is considered minor in nature and does not substantially alter existing arrangements. The Chief Financial Officer, Finance Division, who made the instrument, was appropriately delegated the necessary powers to do so under the Instrument of Delegation DEL 17/055, signed on 20 June 2017.

Key Provisions

The Migration (IMMI 17/119: Places and Currencies for Paying of Fees) Instrument 2017 modifies certain provisions of the Migration Regulations 1994, specifically under subregulations 5.36(1)(a) and 5.36(1)(b). This instrument repeals the previous regulation, IMMI 17/037, and is intended to update the places and currencies in which fee payments for migration-related services must be made. It is important to note that this instrument pertains only to fees other than visa application charge (VAC) payments, which are governed by a different provision, paragraph 5.36(3A) of Part 5 of the Regulations. This instrument introduces new specifications regarding the acceptable locations and currencies for fee payments, updating the previous arrangements. It ensures that applicants and other parties involved in migration processes are aware of the current requirements for fee payments, which may change biannually as per the regulations. The instrument's purpose is to streamline the payment process by providing clear guidelines on where and how fees should be paid. The obligations imposed by this instrument on the parties involved include adhering to the updated specifications for fee payments. Applicants and other entities must ensure that they make their fee payments in the designated places and corresponding currencies as outlined in the instrument. Failure to comply with these requirements may result in delays or other issues in processing migration-related applications or services. There are no specific offences, penalties, or consequences outlined in the instrument itself. However, non-compliance with the specified requirements for fee payments could potentially lead to administrative consequences, such as delays in processing applications or services. The instrument's focus is primarily on updating the payment specifications rather than imposing new sanctions for non-compliance. Nonetheless, the overarching Migration Regulations 1994 may contain provisions that address the consequences of non-compliance with payment requirements.