Overview

The Migration (LIN 19/042: Places and Currencies for Paying of Fees) Instrument 2019 was enacted to address the need for a regular update to the locations and currencies accepted for the payment of migration-related fees. This instrument operates under the Migration Regulations 1994, specifically referencing paragraphs 5.36(1)(a) and (b), and was created to replace the previous instrument, LIN 19/002. The objective of this instrument is to ensure that the process for paying migration fees remains current and functional by updating the permissible places and currencies for such payments. The instrument was made by the Chief Financial Officer, Finance Division, who was duly authorised to do so under the Minister - Delegations Instrument No. 5 of 2018. Given that the changes introduced by this instrument are minor and do not significantly alter existing arrangements, consultation was deemed unnecessary, and a Regulatory Impact Statement was not required. The instrument came into effect on 1 July 2019.

Scope and Application

The Migration (LIN 19/042: Places and Currencies for Paying of Fees) Instrument 2019, made under the Migration Regulations 1994, governs the specific places and currencies through which fees associated with migration applications can be paid. This instrument is applicable to all persons and entities seeking to pay fees under the Migration Regulations, excluding payments for visa application charges which are governed by a different subsection. It operates on a national level within Australia, setting out the authorised locations and currencies for fee payments, which are updated biannually. The instrument replaces the previous instrument, LIN 19/002, and is exempt from disallowance, meaning no Statement of Compatibility with Human Rights is required. It was made without the necessity for consultation due to the minor nature of the changes, and a Regulatory Impact Statement was deemed unnecessary. The instrument is effective from 1 July 2019, providing a clear framework for the payment of migration-related fees across Australia.

Key Provisions

The Migration (LIN 19/042: Places and Currencies for Paying of Fees) Instrument 2019, made under paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994, serves to repeal the previous instrument, LIN 19/002, and updates the specifications for the places and corresponding currencies in which fees can be paid for migration-related services. This update is a biannual process and is essential for maintaining the currency and relevance of the payment methods, excluding those fees subject to a visa application charge (VAC). The instrument is significant as it provides clarity and consistency in the payment processes, ensuring that applicants know exactly where and in which currency they need to remit their fees. The primary obligations under this instrument are for individuals and entities to adhere to the specified places and currencies for making their fee payments. This means that any fee payments for migration services must be made in the currency and through the designated locations as outlined in the instrument. These requirements are crucial for the efficient processing of applications and ensuring that all payments are correctly and promptly received. By specifying these details, the instrument helps to streamline the application process and avoid any confusion or delays that could arise from non-compliance with the payment terms. In terms of penalties and consequences, the instrument itself does not explicitly detail penalties for non-compliance. However, breaches of the Migration Regulations 1994 can result in a range of civil or criminal penalties, depending on the nature and severity of the offence. Under the Migration Act 1958, for example, individuals who provide false or misleading information in their applications can face substantial fines, imprisonment, or both. The specific penalties would be determined by the courts based on the circumstances of the breach, but the overarching principle is that compliance with the regulations is mandatory to avoid legal repercussions. The instrument's role is to ensure that the procedural requirements for fee payments are clear and enforceable, thereby supporting the overall integrity of the migration application process.