EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019
(Paragraph 5.36(1A)(a))
- The Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (Regulations).
- The instrument repeals Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018 (F2018L00888) under paragraph 5.36(1A)(a) of the Regulations, and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the 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.
- The instrument operates under the power in paragraph 5.36(1A)(a) of the Regulations, for the Minister to specify foreign currencies, those currencies corresponding International Organization for Standardization code and their relevant exchange rate in relation to the Australian Dollar. The instrument is used to assist in the working out of the amount of payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge (VAC) payment to which subregulation 5.36(3A) of the Regulations applies).
- The purpose of the instrument is to undertake the biannual update of the foreign currency exchange rates.
- 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 24638).
- The Acting Chief Financial Officer, Finance Division, who made the instrument was delegated the powers required to make the instrument in the Delegations and Authorisations Instrument 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 January 2019.
Overview
The Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 was enacted to address the need for regularly updating foreign currency exchange rates in the context of visa application fees under the Migration Regulations 1994. This instrument was developed by the Australian government and made under the authority granted by the Migration Regulations 1994. The primary policy objective is to facilitate the accurate calculation of visa application charges and fees when paid in foreign currencies, ensuring consistency and fairness in the application process. The instrument replaced the previous Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018 and involves the specification of foreign currencies, their corresponding International Organization for Standardization codes, and the relevant exchange rates against the Australian Dollar. This regular update process helps in maintaining the integrity and transparency of the payment system for visa applicants.
Scope and Application
The Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 applies to all individuals and entities required to pay visa application charges and fees in foreign currencies under the Migration Regulations 1994. This encompasses a broad range of applicants, including prospective immigrants, temporary visa holders, and others subject to the specified charges and fees. The instrument operates nationally within the Commonwealth of Australia, ensuring a consistent approach to the conversion of foreign currency payments into Australian Dollars. It excludes any visa application charges to which subregulation 5.36(3A) of the Regulations applies. The instrument allows for the specification of foreign currencies, their corresponding International Organization for Standardization codes, and relevant exchange rates, facilitating the calculation of payments for the purposes outlined. The instrument also repeals the previous 2018 instrument, replacing it to ensure that the exchange rates remain current and up-to-date, and was made under the authority granted in the Migration Regulations 1994.
Key Provisions
The Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 (the Instrument) operates under the authority of the Migration Regulations 1994 (Regulations), specifically under paragraph 5.36(1A)(a). This Instrument serves to specify the foreign currencies, their corresponding International Organization for Standardization (ISO) codes, and their relevant exchange rates against the Australian Dollar, which are applied to the calculation of visa application charges and fees. This is relevant for fees defined in subregulation 5.36(4) of the Regulations, except for visa application charges (VAC) payments governed by subregulation 5.36(3A). The primary objective of the Instrument is to facilitate the biannual update of foreign currency exchange rates.
Under the Instrument, the Minister for Home Affairs is mandated to specify the acceptable foreign currencies, their ISO codes, and the relevant exchange rates against the Australian Dollar. This specification assists in determining the exact amount payable for visa application charges and fees by applicants who wish to remit their payments in currencies other than the Australian Dollar. The Instrument ensures that the exchange rates used are up-to-date and reflect the current market values, thereby providing clarity and consistency in fee calculations.
The Instrument imposes obligations on the Department of Home Affairs to ensure the accurate and timely specification of foreign currency exchange rates. It requires the Department to conduct biannual reviews of the exchange rates and to update the Instrument accordingly. This ensures that the rates used for fee calculations remain current and reflective of market conditions. The Department must also ensure that the information provided in the Instrument is accurate and easily accessible to the public, facilitating compliance by applicants who intend to pay their visa application charges and fees in foreign currencies.
Failure to comply with the provisions of the Instrument may result in incorrect calculations of visa application charges and fees. While the Instrument does not explicitly outline specific penalties for breaches, non-compliance could lead to administrative issues, including potential delays in processing visa applications. Applicants may be required to provide additional information or make further payments to rectify any discrepancies arising from the use of incorrect exchange rates. The overarching consequence of non-compliance is the potential for financial inaccuracies and administrative burdens for both the Department and applicants.