Overview

The Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020 was enacted under the Migration Regulations 1994, which aim to regulate migration and visa applications in Australia. This particular instrument was introduced to streamline and update the places and currencies in which visa application fees can be paid, addressing a need for periodic adjustments to accommodate international changes and ensure compliance with current financial practices. The instrument was made by the Acting Chief Financial Officer, Finance Division, who was delegated the necessary powers to do so, and it came into effect on 1 January 2020. Notably, the Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required due to the minor and machinery nature of the changes, and the instrument is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights.

Scope and Application

The Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020 applies to all individuals and entities required to pay a fee for a migration-related service, excluding those fees specified under regulation 5.36(3A) of the Migration Regulations 1994. This instrument delineates the specific locations, both within Australia and internationally, and the corresponding currencies, where and in which such fees must be paid. The instrument is designed to provide clarity and ensure consistency in fee payment processes for migration services by updating the approved locations and currencies biannually. Jurisdictionally, it operates under the Commonwealth of Australia, aligning with the broader framework established by the Migration Regulations 1994. The instrument does not require disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015 and is exempt from the need for a Statement of Compatibility with Human Rights. It is important to note that while the instrument specifies the places and currencies for fee payments, it does not extend or restrict the application of the underlying regulations beyond what is already outlined in the Migration Regulations 1994.

Key Provisions

The main operative sections of the Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020 (the Instrument) detail the specific locations and currencies in which fees for migration-related applications can be paid. As per section 5.36(1)(a) of the Migration Regulations 1994, the Instrument mandates that fees, excluding visa application charges, must be paid in either Australia or specified foreign countries. Section 5.36(1)(b) further stipulates that these payments must be made in a currency that the Minister designates through a legislative instrument. The Instrument updates the list of authorised places and currencies biannually, as outlined in Schedule 1, which pairs each location with its corresponding currency. The Instrument imposes specific obligations on applicants and entities involved in the migration process. Applicants must ensure that their fee payments are made in one of the designated locations and currencies listed in the Instrument. Entities facilitating the migration process, such as immigration consultants or service providers, must comply with these requirements when processing payments on behalf of applicants. Furthermore, the Instrument ensures that the Minister has the authority to update the list of authorised places and currencies, thus providing flexibility and responsiveness to changes in international financial systems. Breach of the requirements set out in the Instrument can lead to civil or administrative penalties. While the specific penalties are not detailed in the explanatory statement, general provisions under the Migration Act 1958 and associated regulations can apply. Typically, non-compliance with fee payment regulations could result in the rejection of applications, delays in processing, or administrative fines. The severity of the penalties depends on the nature and extent of the breach, with potential consequences including financial penalties and legal actions to enforce compliance. The Instrument is designed to streamline the payment process for migration-related fees by providing clear and updated guidelines on where and in what currency payments should be made. By doing so, it helps to prevent confusion and potential legal complications for applicants and service providers alike. The Instrument's approach ensures that all parties involved in the migration process are aware of and comply with the current requirements, thereby maintaining the integrity and efficiency of the system.