EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020

(Paragraph 5.36(1A)(a))

1. The instrument, Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (the Regulations).
2. In accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA), the instrument repeals Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020. Subsection 33(3) of the AIA 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.
3. The instrument operates to specify foreign currencies for the purposes of paragraph 5.36(1A)(a) of the Regulations, as well as their relevant exchange rate in relation to the Australian Dollar. The currencies’ corresponding International Organization for Standardization (ISO) code has also been noted in the instrument. The instrument assists in working out the amount of a payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge payment to which subregulation 5.36(3A) of the Regulations applies).
4. The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates.
5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was not necessary because changes to the previous repealed instrument are minor or machinery in nature and do not substantially alter existing arrangements.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required. The OBPR reference is 25184.
7. The Chief Finance Officer, Finance Division, who made the instrument was delegated the powers required to make the instrument in the Instrument Making Powers (Minister) Instrument 2019/228, signed on 12 September 2019.
8. Under paragraph (b) of item 20 of the table in 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.
9. The instrument commences on 1 July 2020.