EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019
(Paragraphs 5.36(1)(a) and 5.36(1)(b))
- The Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).
- The instrument repeals IMMI 18/064 (F2018L00889) 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, 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.
- 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 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 January 2019.
Overview
The Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019 is a legislative instrument made under the authority of the Migration Regulations 1994, enacted to update the locations and corresponding currencies for the payment of migration fees, excluding visa application charges. This instrument repeals the earlier IMMI 18/064 (F2018L00889) and is designed to provide one of the mandated biannual updates to the list of acceptable payment locations and currencies. Crafted by the Acting Chief Financial Officer, Finance Division, the instrument was developed under the delegations outlined in the Minister - Delegations Instrument No. 5 of 2018 and became effective on 1 January 2019. The creation of this instrument was deemed minor and of a machinery nature, thus exempt from the requirement for a Regulatory Impact Statement or consultation, in accordance with the Legislation Act 2003 and advice from the Office of Best Practice Regulation.
Scope and Application
The Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019 applies to the payment of migration-related fees, excluding visa application charges, as outlined in the Migration Regulations 1994. It specifies the places and corresponding currencies in which these fees must be paid and serves to update these details biannually. This instrument, made under the authority of the Migration Regulations, repeals the previous instrument (IMMI 18/064) and is applicable nationally across Australia, encompassing all persons and entities required to pay fees under the Migration Act 1958. The instrument is exempt from disallowance, as per the Legislation (Exemptions and Other Matters) Regulation 2015, and does not require a Statement of Compatibility with Human Rights. It commenced on 1 January 2019, ensuring that the specified fee payment arrangements are current and effective from that date.
Key Provisions
The Migration (LIN 19/002: Places and Currencies for Paying of Fees) Instrument 2019 specifies the places and currencies in which fees for migration-related services must be paid. This regulation is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994. It replaces the previous instrument, IMMI 18/064, and updates the list of approved locations and currencies for fee payments. This update is necessary to ensure that the fee payment process remains current and practical for applicants, as stipulated by subregulation 5.36(4) of the Regulations.
The entities governed by this Act are required to adhere to the new specifications outlined in the instrument. Specifically, they must accept fee payments only in the currencies and from the locations listed in the instrument, excluding payments for visa application charges (VAC) as per subsection 5.36(3A) of the Regulations. This requirement applies to all fees defined in subregulation 5.36(4), ensuring consistency and clarity in the fee payment process.
Failure to comply with the specified places and currencies for fee payments can lead to various consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that breaches of the Migration Regulations 1994, including non-compliance with this instrument, may result in penalties as prescribed under the broader regulatory framework. The Act also specifies that the instrument is exempt from disallowance, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning that it comes into effect without the need for parliamentary approval. This legislative instrument commences on 1 January 2019, replacing the previous arrangements and ensuring that the Department of Home Affairs can continue to efficiently manage migration-related fees.