EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/003) 2022 (No. 2)
1 The instrument, Departmental reference LIN 22/003, 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 22/001) 2022 (LIN 22/001) (F2022L01829) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). 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 July 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 July 2022. The instrument also repeals LIN 22/001.
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 update the list of and reflect changes in foreign currency exchange rates since the commencement of LIN 22/001.
7 The instrument ensures that Department officers at overseas posts can advise on and collect the correct amount for visa application charge payments from clients.
Consultation
8 Consultation and negotiation with the Department of Foreign Affairs and Trade occurred, in relation to continued inclusion of and removal of the specified currencies and exchange rates. The policy implemented via the instrument has been agreed to by the Department of Home Affairs and the Department of Foreign Affairs and Trade.
9 The Office of Best Practice Regulation (OBPR) was also consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OBPR reference number is 25184.
Details of the instrument
10 Paragraph (a) states each currency is specified in the table in Schedule 1 of the instrument.
11 Paragraph (b) states the exchange rate is specified for the specified currency mentioned in the table in Schedule 1 of the instrument.
12 Paragraph (c) repeals LIN 22/001.
13 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.
14 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.
15 The instrument is appropriate to be exempt from disallowance as it concerns matters of an administrative nature. Updating legislative instruments that specify administrative matters allows for consistent internal management of the migration policy framework in accordance with Departmental resources and arrangements.
16 The instrument was made by a delegate of the Minister, in accordance with paragraph 5.35(1A)(a) of the Regulations.
Overview
The Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/003) 2022 was enacted to provide for the specification of exchange rates for certain fees payable in foreign currencies under the Migration Regulations 1994. This instrument, issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs, aims to update and reflect changes in foreign currency exchange rates since the previous instrument, LIN 22/001, commenced. The policy objective behind this update is to ensure that Department officers at overseas posts can accurately advise and collect the correct amount for visa application charge payments from clients. The instrument repeals the previous instrument, LIN 22/001, and comes into effect on 1 July 2022. It is exempt from disallowance under the Legislation Act 2003 and does not require a Statement of Compatibility with Human Rights, as it pertains to administrative matters concerning the internal management of the migration policy framework.
Scope and Application
The Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/003) 2022, issued under the Migration Regulations 1994, applies to the payment of certain visa application charges and fees in foreign currencies. This instrument specifies the exchange rates and foreign currencies used to determine the amount of certain fees payable in foreign currency, from 1 July 2022. The instrument repeals the earlier Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/001) 2022, ensuring that the list of specified currencies and their corresponding exchange rates are updated to reflect changes since the commencement of LIN 22/001. It is applicable to individuals and entities making visa application charge payments in foreign currencies through Department officers at overseas posts. The instrument is exempt from disallowance under the Legislation Act 2003, as it concerns administrative matters related to the consistent internal management of the migration policy framework.
Key Provisions
The key operative sections of this instrument, as noted in paragraph 4, specify the exchange rates and foreign currencies used to make payments of certain fees for visa applications under the Migration Regulations 1994. The instrument specifies these exchange rates and currencies for paragraph 5.36(1A)(a) of the Regulations, effective from 1 July 2022. It also repeals the previous instrument, LIN 22/001, in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The instrument ensures that the Department can update and advise on the correct exchange rates for payments of visa application fees from clients, particularly for those at overseas posts.
The obligations imposed by this Act primarily revolve around the Department of Home Affairs and its officers. They are required to adhere to the specified exchange rates and foreign currencies detailed in the instrument when processing visa application fees. This ensures consistency and accuracy in the fees collected, facilitating the administration of the migration policy framework. The instrument requires the Department to update these exchange rates biannually to reflect any changes in foreign currency values relative to the Australian dollar.
The instrument itself does not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, it operates under the authority of the Minister for Immigration, Citizenship and Multicultural Affairs, and the failure to comply with the specified exchange rates and currencies could potentially lead to discrepancies in the fees collected. The instrument was made by a delegate of the Minister, in accordance with the Regulations, and it is exempt from disallowance, as it concerns matters of an administrative nature. The biannual update process ensures that the Department remains compliant with the specified exchange rates and currencies, thereby minimising the risk of any breaches.