EXPLANATORY STATEMENT

Migration Regulations 1994

ADDITIONAL APPLICANT CHARGES

1. This Instrument is made under subregulation 2.12C(4A) of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 2.12C(4A) of the Regulations provides that if applications referred to in paragraph 2.12C(4)(b) relate to a visa of a class specified by the Minister in an instrument in writing, the amount of additional applicant charge is the amount specified in the instrument.
3. The purpose of the Instrument is to allow the Minister to specify additional applicant charges for combined applications taken to have been made under regulation 2.08A or 2.08B where the visa subclass has been repealed since the original application was made.
4. The Instrument operates by specifying an additional applicant charge for a visa subclass based on the Schedule 1 provision met by the original applicant and the age of the additional applicant.  This is set out in the Schedule to the instrument.
5. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is part of a subsequent amendment to the Visa Pricing Transformation changes for which appropriate consultation was undertaken.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 14523).

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. This instrument, IMMI 13/085, commences on 1 July 2013, immediately after commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).