EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Places and currencies for paying of fees) Instrument (LIN 22/004) 2022 (No. 2)
1 The instrument, Departmental reference LIN 22/004, is made under paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994 (the Regulations).
2 The instrument repeals Migration (Places and currencies for paying of fees) Instrument (LIN 22/002) 2022 (LIN 22/002) (F2021L01819) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (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 on 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. Subregulation 5.36(1) of the Regulations provides that the payment of certain fees must be made:
- in a place, being Australia or a foreign country, that is specified for paragraph 5.36(1)(a); and
- in a currency that is specified for paragraph 5.36(1)(b) as a currency in which a fee may be paid in that place.
5 The purpose of the instrument is to specify Australia and a number of foreign countries for paragraph 5.36(1)(a) of the Regulations and the associated currency, or currencies, in which a fee may be paid in that country for paragraph 5.36(1)(b) of the Regulations. The instrument also repeals LIN 22/002.
6 The instrument is required to be re-made as part of the biannual update of the places where payment of a fee may be made and the corresponding currencies that must be used for payment of a fee in that place. The instrument specifies the countries in which payment of a fee may be made and the currency in which a fee may be paid in that place. It enables the Department to advise on and accept only those currencies that are readily and legally accessible to the public and bankable by each overseas office.
Consultation
7 Consultation and negotiation with the Department of Foreign Affairs and Trade occurred, in relation to continued inclusion of and removal of the specified currencies. The policy implemented via the instrument has been agreed to by the Department of Home Affairs and the Department of Foreign Affairs and Trade.
8 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
9 Paragraph (a) states each place mentioned in an item of the table in Schedule 1 to the instrument is specified for paragraph 5.36(1)(a) of the Regulations.
10 Paragraph (b) states that the currency mentioned in the item for each place of the table in Schedule 1 to the instrument is specified for paragraph 5.36(1)(b) of the Regulations.
11 Paragraph (c) repeals LIN 22/002.
12 Schedule 1 specifies, in a table, the places for making payment of fees and the corresponding currencies in which fees must be paid for each place.
Parliamentary scrutiny etc.
13 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.
14 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.
15 The instrument was made by a delegate of the Minister in accordance with paragraph 5.36(1)(a) and (b) of the Regulations.
Overview
The Migration (Places and currencies for paying of fees) Instrument (LIN 22/004) 2022, made under the Migration Regulations 1994, aims to address the need to update the list of specified places and corresponding currencies for paying visa application fees. This instrument, enacted by the Minister for Immigration, Citizenship and Multicultural Affairs, seeks to specify the locations, both within Australia and in selected foreign countries, where visa application fees can be paid, along with the acceptable currencies for payment in those locations. This regulation is essential for the consistent and efficient administration of the migration policy framework, ensuring that the Department of Home Affairs can only accept fees that are readily accessible to applicants and bankable by overseas offices. The instrument, which repeals its predecessor LIN 22/002, is part of a biannual update process and has been developed in consultation with the Department of Foreign Affairs and Trade, reflecting agreed policy between these departments.
Scope and Application
The Migration (Places and currencies for paying of fees) Instrument (LIN 22/004) 2022, made under the Migration Regulations 1994, is a legislative instrument that specifies the places where certain fees can be paid and the currencies accepted for those payments. This instrument applies to individuals and entities involved in visa applications, who are required to pay fees associated with their applications. The specified places include Australia and various foreign countries, and the instrument details the currencies that can be used for payment in each location. This instrument ensures that the Department of Home Affairs can accept only those currencies that are readily accessible and bankable by its overseas offices. The instrument, which is subject to biannual updates, was developed in consultation with the Department of Foreign Affairs and Trade and is exempt from disallowance under the Legislation Act 2003. It replaces the previous instrument (LIN 22/002) to reflect updated administrative requirements and currency specifications.
Key Provisions
The main operative sections of this instrument, Departmental reference LIN 22/004, are found in paragraphs (a) and (b) of the instrument, which specify the places and currencies for paying of fees under subregulation 5.36(1) of the Migration Regulations 1994 (Regulations) (paragraphs 9 and 10). These provisions enable the Department of Home Affairs to specify where and in which currency fees can be paid. The instrument also includes a repeal of the previous instrument, LIN 22/002, as stated in paragraph (c) (paragraph 11). These specifications ensure that the Department can manage and update the administrative aspects of migration policy efficiently.
The obligations and requirements imposed by this instrument are primarily administrative. The instrument mandates that visa application fees must be paid in specified locations, whether within Australia or abroad, and in the specified currency of that location, as outlined in subregulation 5.36(1) of the Regulations (paragraph 4). This requirement ensures that the Department can only accept currencies that are readily accessible to the public and bankable by overseas offices, as noted in the Explanatory Statement (paragraph 6). Additionally, the instrument requires that the list of specified places and currencies be updated biannually to reflect any changes in the administrative framework of migration policy.
The instrument does not explicitly outline offences or penalties for breaches of its provisions. However, non-compliance with the specified payment requirements could result in the rejection of visa applications or other related administrative actions by the Department of Home Affairs. The instrument itself is exempt from disallowance under section 42 of the Legislation Act 2003 (Legislation Act) and is deemed appropriate for such exemption due to its administrative nature (paragraphs 13 and 14). The instrument was made by a delegate of the Minister, in accordance with the Regulations (paragraph 15).