Overview

The Migration (LIN 21/002: Places and Currencies for Paying of Fees) Instrument 2021, enacted under the Migration Regulations 1994, was introduced to address the need for a biannual update of the places where fees can be paid and the corresponding currencies required for these payments, as specified in the Regulations. This instrument repeals its predecessor, the Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020, and is made by the Chief Finance Officer, Finance Division, under appropriate delegation from the Minister. The objective of this instrument is to ensure that the payment of migration-related fees is facilitated in both Australia and foreign countries, with the specified currencies, thereby maintaining clarity and consistency in the administrative process. The instrument does not require consultation, a Regulatory Impact Statement, or a Statement of Compatibility with Human Rights, as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Scope and Application

The Migration (LIN 21/002: Places and Currencies for Paying of Fees) Instrument 2021 applies to all persons and entities required to pay fees under the Migration Regulations 1994, ensuring that these fees are paid in the appropriate locations and currencies. This instrument, operating under the authority conferred by paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994, specifies the places and currencies for fee payments, encompassing both domestic and international transactions. It is pertinent to note that this instrument does not apply to visa application charges mentioned in subregulation 5.36(3A) of the Regulations. The instrument’s scope is national, covering Australia and foreign countries as defined under section 2B of the Acts Interpretation Act 1901. This instrument replaces the previous Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020, reflecting the biannual updates required by the Migration Regulations 1994. The instrument, being of a minor or machinery nature, does not require consultation or a Regulatory Impact Statement and is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015.

Key Provisions

The Migration Regulations 1994 (the Regulations) are updated biannually through instruments such as LIN 21/002, which specifically address the places and currencies where fees can be paid (section 5.36(1)(a) and (b)). This particular instrument, made under the authority granted by the Acts Interpretation Act 1901 (AIA), repeals the previous instrument, LIN 20/004, and comes into effect on 1 January 2021. It details the authorised locations and currencies for fee payments, excluding those specified in subregulation 5.36(3A) of the Regulations. This update is intended to keep the fee payment processes aligned with current financial environments, both domestically and internationally. Entities and individuals governed by the Regulations are obligated to pay fees in the specified locations and currencies as outlined in the instrument. This includes ensuring that payments are made in the correct currency when paying fees in Australia or any designated foreign country. These obligations are crucial for compliance with the Migration Regulations and for ensuring that all fee payments are processed smoothly and without delay. It is important for applicants and other stakeholders to be aware of these requirements to avoid any disruptions in their visa applications or other migration-related processes. Failure to comply with the provisions of the instrument may lead to administrative issues or delays in processing applications. While the specific civil or criminal penalties for non-compliance are not detailed in the instrument itself, the overarching Migration Act 1958 provides a framework within which such penalties could be imposed. Generally, non-compliance with migration regulations can result in fines, the refusal of visa applications, or other administrative sanctions. It is advisable for all parties to adhere strictly to the updated guidelines to avoid potential repercussions.