EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 18/064: Places and Currencies for Payment of Fees) Instrument 2018
(Paragraphs 5.36(1)(a) and 5.36(1)(b))
- The Migration (IMMI 18/064: Places and Currencies for Payment of Fees) Instrument 2018 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).
- The instrument repeals IMMI 17/119 (F2017L01565) under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act) which 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.
- The instrument operates to specify, under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations, in relation to the payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge (VAC) payment to which subsection 5.36(3A) of the Regulations applies), the places and corresponding currencies in which those fee payments must be made.
- The purpose of the instrument is to undertake one of the biannual updates of the places and corresponding currencies in which payment of a fee may be made for the purposes of paragraphs 5.36(1)(a) and 5.36(1)(b) of Part 5 of the Regulations.
- In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary because the instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference: 23782).
- The Chief Financial Officer, Finance Division, who made the instrument was delegated the powers required to make the instrument in the Minister - Delegations Instrument No. 5 of 2018 (Instrument Making Powers) (MHA No. 5 of 2018), signed on 10 April 2018.
- 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.
- The instrument commences on 1 July 2018.
Overview
The Migration (IMMI 18/064: Places and Currencies for Payment of Fees) Instrument 2018 was enacted in 2018 to provide for a biannual update to the Migration Regulations 1994 concerning the places and currencies accepted for the payment of migration fees. This instrument was developed under the authority of the Migration Regulations 1994, specifically paragraphs 5.36(1)(a) and 5.36(1)(b), and operates to specify where and in which currency migration fees can be paid. It serves to replace the previous instrument, IMMI 17/119, ensuring that the list of acceptable payment locations and currencies remains current and relevant. The instrument was made by the Chief Financial Officer, Finance Division, who was delegated the necessary powers by the Minister - Delegations Instrument No. 5 of 2018. The instrument's enactment does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation and as exempt under the Legislation (Exemptions and Other Matters) Regulation 2015.
Scope and Application
The Migration (IMMI 18/064: Places and Currencies for Payment of Fees) Instrument 2018, made under the Migration Regulations 1994, serves to update the locations and currencies accepted for the payment of migration-related fees, excluding visa application charges. This instrument is applicable to all individuals and entities required to pay fees under the Regulations, encompassing a broad spectrum of entities including applicants for various migration visas, their sponsors, and other stakeholders involved in the migration process. The instrument’s reach extends to the national level, given its foundation under Commonwealth legislation. Notably, this instrument repeals the previous IMMI 17/119 and is exempt from disallowance as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, negating the need for a Statement of Compatibility with Human Rights. The commencement date is set for 1 July 2018, indicating its immediate application upon this date.
Key Provisions
The Migration (IMMI 18/064: Places and Currencies for Payment of Fees) Instrument 2018, made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994, primarily serves to update the locations and currencies through which fee payments for migration-related services can be made. This instrument specifies the places and corresponding currencies where payments for fees, as defined in subregulation 5.36(4) of the Regulations, must be executed, excluding payments for visa application charges (VAC) which are governed by subsection 5.36(3A) of the Regulations. The instrument aims to facilitate the biannual review of these payment details to ensure they remain current and aligned with international standards.
Entities and individuals governed by the Migration Regulations 1994 are required to comply with the specified places and currencies for fee payments as outlined in this instrument. This includes ensuring that all fee payments are made in the designated currencies and through the approved locations, which may include embassies, consulates, or authorised financial institutions. Accurate adherence to these provisions is crucial for the smooth processing of migration-related applications and the enforcement of compliance within the migration framework.
Breach of the provisions set forth in the instrument could potentially lead to administrative complications or delays in processing migration applications. While the instrument itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, it is implicit that failure to adhere to the specified payment methods could result in administrative penalties or procedural setbacks. Given the instrument's focus on administrative compliance, any significant non-compliance might be addressed through administrative review or corrective measures by the relevant authorities.