Overview

The Instrument titled "Migration Regulations 1994 Instrument of Revocation (Paragraph 5.36(1A)(a))" was enacted in 2013 to address a specific issue regarding the payment of fees in foreign currencies under the Migration Regulations 1994. This Instrument, which is a legislative instrument made under the authority of the Legislative Instruments Act 2003, aims to remove the Iranian Rial as a recognised currency for fee payments under paragraph 5.36(1A)(a) of the Regulations. The revocation of the previous legislative instrument, IMMI 12/134, which had designated the Iranian Rial as an acceptable foreign currency, is effective from 1 June 2013. The enactment of this Instrument does not require consultation or a Regulatory Impact Statement as it is deemed minor and does not substantially alter existing arrangements, as advised by the Office of Best Practice Regulation. Additionally, the Instrument is exempt from disallowance, and therefore, a Human Rights Statement of Compatibility is not required.

Scope and Application

The Instrument of Revocation, F2013L00888, pertains to the Migration Regulations 1994, specifically targeting the removal of the Iranian Rial as a foreign currency for the purposes of paragraph 5.36(1A)(a) of these regulations. This amendment is made under the authority of the Legislative Instruments Act 2003, and it revokes the previous Legislative Instrument, IMMI 12/134, which had previously listed the Iranian Rial as an acceptable currency for fee payments in Australian dollars. The revocation is effective from 1 June 2013 and is exempt from disallowance, as per section 44 of the Legislative Instruments Act 2003, thereby negating the need for a Human Rights Statement of Compatibility. Given that this Instrument is classified as minor and of a machinery nature, consultation was deemed unnecessary, and a Regulatory Impact Statement was not required according to the Office of Best Practice Regulation.

Key Provisions

The Migration Regulations 1994, as revoked by Instrument IMMI 13/076, specified the Iranian Rial as a foreign currency for the purposes of determining the amount of fees payable in Australian dollars under paragraph 5.36(1A)(a) of the Regulations. This Instrument of Revocation removes the Iranian Rial as a recognised currency for these purposes, thereby altering the method by which fees can be paid by individuals who would have previously used the Iranian Rial. The change takes effect from 1 June 2013 and directly impacts those who are subject to the payment of fees under the Migration Regulations. The Instrument imposes a clear obligation on the entities and individuals governed by the Migration Regulations 1994 to no longer accept the Iranian Rial as a valid currency for fee payments under paragraph 5.36(1A)(a). Instead, they must now use other specified currencies, as outlined in the Gazette Notice corresponding to the amount of the fee in Australian dollars. This change requires administrative adjustments to ensure compliance with the updated Regulations. Failure to comply with the provisions of the Migration Regulations 1994 can result in various consequences. While the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is known that breaches of the Regulations can lead to civil or criminal penalties. The exact nature of these penalties would depend on the specific breach and the provisions of the Migration Act 1958. Generally, penalties for breaches of the Migration Regulations can include fines and, in severe cases, imprisonment. The exact maximum penalties would be outlined in the relevant sections of the Migration Act 1958.