EXPLANATORY STATEMENT
Issued by authority of the Minister
Migration Regulations 1994
Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/001) 2022
1 The instrument, Departmental reference LIN 22/001, is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (the Regulations).
2 The instrument repeals Migration (Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument (LIN 21/003) 2021 (No. 2) (LIN 21/003) (F2021L00741) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences 1 January 2022, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 A number of fees and charges are payable in relation to visa applications. Under subregulation 5.36(1A) of the Regulations, the amount of certain fees payable in a foreign currency is worked out on the basis of:
- if the currency for the payment is specified in a legislative instrument under paragraph 5.36(1A)(a)—the exchange rate specified in the instrument; or
- for any other currency—the method outlined in subregulation 5.36(2), which provides a formula using an exchange rate obtained on a commercial basis (paragraph 5.36(1A)(b)).
5 The purpose of the instrument is to specify the exchange rates and foreign currencies used to make payments of certain fees, for paragraph 5.36(1A)(a) of the Regulations, from 1 January 2022. The instrument also repeals LIN 21/003.
6 The Department undertakes a biannual update of the exchange rates for the specified foreign currencies to the Australian dollar. The purpose of the instrument is to reflect changes in foreign currencies exchange rates since the previous update. LIN 22/001 ensures that Department officers at overseas posts can advise on and collect the correct amount for visa application charge payments from clients.
7 It is noted that instrument has an additional purpose for the Australian Citizenship Act 2007 (the Citizenship Act). An application made under that Act must be accompanied by the fees prescribed in the Australian Citizenship Regulation 2016 (the Citizenship Regulation) (see paragraph 46(1)(d) of the Citizenship Act).
8 As of 1 January 2022, subsection 16(4) of the Citizenship Regulation will provide that, if a fee for an application for citizenship is to be paid in a foreign currency that is prescribed in the instrument, the conversion rate in the instrument will also apply in relation to the citizenship application (see also the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021). The 1 January 2022 commencement date aligns with the commencement of the instrument.
Consultation
9 In accordance with paragraph 15J(2)(e) of the Legislation Act, consultation was not necessary. The instrument is of a minor nature and does not substantially alter existing arrangements.
10 The Office of Best Practice Regulation (OBPR) has advised that the instrument dealt with matters of a minor machinery nature and no regulatory impact statement was required. The OBPR reference number is 25184.
Details of the instrument
11 Paragraph (a) states each currency is specified in the table in Schedule 1 of the instrument.
12 Paragraph (b) states the exchange rate is specified for the specified currency mentioned in the table in Schedule 1 of the instrument.
13 Paragraph (c) repeals LIN 21/003.
14 Schedule 1 specifies, in a table, the currencies and their corresponding exchange rates for paragraph 5.36(1A)(a) of the Regulations.
Parliamentary scrutiny etc.
15 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because 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.
16 The instrument was made by a delegate of the Minister, acting under paragraph 5.35(1A)(a) of the Regulations.