Overview

The Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020 was enacted to update the places and currencies where migration-related fees can be paid, as specified under the Migration Regulations 1994. This instrument, made under the authority granted by the Migration Act 1958, serves to address the need for a biannual update of the legislative instrument detailing the acceptable locations and currencies for fee payments, excluding visa application charges. The instrument repeals the previous Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020, in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which allows for the repeal of legislative instruments where they are updated or altered. The Chief Finance Officer, delegated these powers by the Instrument Making Powers (Minister) Instrument 2019/228, enacted on 12 September 2019, ensuring the instrument's validity and compliance with relevant legislative requirements.

Scope and Application

The Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020 applies to the places and currencies in which fees for migration-related services must be paid, as stipulated by the Migration Regulations 1994. This instrument, made under the authority granted by the Regulations, specifies the locations, both within Australia and in foreign countries, and the currencies acceptable for the payment of migration fees, excluding visa application charges. It serves to update these specifications on a biannual basis, reflecting changes in places and corresponding currencies. This legislative instrument is applicable to individuals and entities dealing with migration services, including applicants, their representatives, and service providers. It encompasses a range of migration fees, thereby influencing the financial transactions and obligations within the migration industry. The instrument is a legislative tool that extends its jurisdiction nationwide, impacting anyone subject to the Migration Act 1958 and the associated Regulations. While the instrument updates the regulatory framework, it does not alter substantive rights or obligations but rather ensures the administrative machinery functions effectively.

Key Provisions

The Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020 (the Instrument) operates under the Migration Regulations 1994 (the Regulations). The Instrument specifies the places and currencies for the payment of migration-related fees, excluding visa application charges (VAC). According to section 5.36(1)(a) of the Regulations, the Minister specifies the places where fees must be paid, which include Australia and foreign countries. Similarly, section 5.36(1)(b) of the Regulations mandates the currencies in which fees must be paid, also specified by the Minister. This Instrument replaces the previous Migration (LIN 20/002: Places and Currencies for Paying of Fees) Instrument 2020, as per subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). The Instrument is designed to update the places and currencies for fee payments biannually. The Instrument imposes specific obligations on the parties governed by it, ensuring compliance with the specified places and currencies for fee payments. For example, applicants must ensure that their fee payments are made in the currency specified for the location where they are submitting their application. The Instrument aims to streamline the process by standardising the methods of fee payment, thereby reducing potential confusion and administrative burden. The Instrument also ensures that the specified places and currencies are updated regularly to reflect any changes in economic or administrative conditions. The Instrument does not explicitly detail offences, penalties, or consequences for non-compliance with its provisions. However, it is reasonable to infer that failure to comply with the specified places and currencies for fee payments could lead to processing delays or rejections of applications. Non-compliance might also result in the imposition of additional administrative charges or penalties as outlined in the broader Migration Regulations 1994. Although the specific penalties for non-compliance are not outlined in this Instrument, they would likely be addressed within the overarching regulations or related legislative frameworks. The absence of detailed penalties in this particular Instrument suggests that compliance is expected to be straightforward and aligned with existing administrative practices.