Overview

The Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 was enacted to update the exchange rates for foreign currencies used in the payment of visa application charges and fees. It was introduced to replace the previous instrument, the Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019, and is made under the authority of paragraph 5.36(1A)(a) of the Migration Regulations 1994. This instrument is designed to streamline the process of updating exchange rates biannually, ensuring that the payments remain accurate and reflective of current economic conditions. The instrument was made by the Chief Financial Officer, Finance Division, pursuant to the delegations outlined in the Delegations and Authorisations Instrument MHA No. 5 of 2018. Given the minor nature of the changes and the administrative focus of the update, consultation was not necessary, and no Regulatory Impact Statement was required. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and it commenced on 1 July 2019.

Scope and Application

The Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 applies to the process of paying visa application charges and fees in foreign currencies under the Migration Regulations 1994. This instrument is specifically targeted at entities and individuals who are required to make such payments as part of their visa application process, and it operates within the Commonwealth jurisdiction of Australia. The instrument specifies the foreign currencies that are acceptable for payment, alongside their relevant exchange rates in relation to the Australian Dollar, and their corresponding International Organization for Standardization (ISO) code. It is used to determine the equivalent Australian Dollar amount when fees are paid in foreign currencies, excluding those payments that fall under specific subregulations. The instrument's scope is limited to updating the exchange rates biannually, ensuring that the payment process remains accurate and up-to-date. It is exempt from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as the changes it implements are considered minor and administrative in nature.

Key Provisions

The key provisions of the Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 are found in paragraph 5.36(1A)(a) of the Migration Regulations 1994. This instrument allows the Minister to specify foreign currencies and their exchange rates in relation to the Australian Dollar. It also specifies the International Organization for Standardization (ISO) code for each currency. This instrument operates to specify the calculation of the amount of payment for fees, as defined in subregulation 5.36(4) of the Regulations, excluding payments for visa application charges (VAC) to which subregulation 5.36(3A) of the Regulations applies. It is important to note that this instrument repeals the Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 and takes effect from 1 July 2019. The obligations and requirements imposed by this instrument are primarily on the Minister, who has the power to specify foreign currencies and their exchange rates. The instrument also specifies the ISO code for each currency. The instrument aims to undertake a biannual update of the foreign currency exchange rates. The instrument operates under the power in paragraph 5.36(1A)(a) of the Regulations, which is made under subsection 33(3) of the Acts Interpretation Act 1901. The 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. The Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 does not impose any specific offences, penalties, or civil/criminal consequences for breach. However, the instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and therefore a Statement of Compatibility with Human Rights is not required. The instrument is made in accordance with paragraph 15J(2)(e) of the Legislation Act 2003, which states that consultation is not necessary because changes to the previous repealed instrument are minor or machinery in nature and do not substantially alter existing arrangements. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required, with the OBPR Reference being 25184.