EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020

(Paragraphs 5.36(1)(a) and (b))

1. The instrument, Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020, is made under paragraphs 5.36(1)(a) and (b) 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 20/002: Places and Currencies for Paying of Fees) 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. Paragraph 5.36(1)(a) of the Regulations states that the payment of a fee, other than a visa application charge (VAC) mentioned in subregulation 5.36(3A) of the Regulations, must be made in a place, being Australia or a foreign country, that is specified by the Minister in a legislative instrument. ‘Foreign country’ is defined in section 2B of the AIA.
4. Paragraph 5.36(1)(b) of the Regulations states that the payment of a fee, other than a VAC mentioned in subregulation 5.36(3A) of the Regulations, must be made in a currency that is specified by the Minister in a legislative instrument.
5. The purpose of the instrument is to undertake a biannual update of the places and corresponding currencies in which the payment of a fee may be made.
6. Column 1 of the table in section 6 provides the places where a payment of a fee must be made. Column 2 of the table in section 6 specifies the currency in which payment of a fee is to be made, for the place specified in Column 1 of that table.
7. 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with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was not necessary because changes to the previous repealed instrument are minor or machinery in nature and do not substantially alter existing arrangements.
8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required. The OBPR reference is 25184.
9. 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.
10. 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.
11. The instrument commences on 1 July 2020.