Migration Regulations 1994 - Revocation under paragraph 5.36(1)(a) and 5.36(1)(b) - Instrument of Revocation - May 2013

Administered by Department of Home Affairs

Legislation au F2013L00889 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

 

PLACES AND CURRENCIES FOR PAYING OF FEES

 (PARAGRAPHS 5.36(1)(a) AND 5.36(1)(b))

 

  1. This Instrument is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (‘the Regulations’).

 

2.                   Subregulation  5.36(1) of the Regulations provides that payment of a fee, other than a visa application charge mentioned in subregulation (3A), must be made:

(a)                in a place, being Australia or a foreign country, that is specified for the purposes of the paragraph by Gazette Notice; and

(b)               in a currency that is specified for the purposes of the paragraph by Gazette Notice as a currency in which a fee may be paid in that place.

 

3.                   The purpose of the Instrument is to remove Iran as a specified place and to remove the Iranian Rial as a relevant currency for use when paying a visa application charge when applying in Iran for a visa to enter Australia.

 

4.                   The Instrument operates to revoke the existing Instrument (IMMI 12/135) which specifies Iran as a place in which payment of a fee must be made and which specifies the Iranian Rial as a currency in which a fee may be paid in that place.  Fee means an instalment of visa application charge or an amount of visa evidence charge or a fee payable under the Regulations.

 

5.                   Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

6.                   The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 15040).

 

7.                   Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

 

8.                   The Instrument, IMMI 13/077, commences on 1 June 2013.

 

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