Overview

The Migration Regulations 1994, amended by the instrument F2013L01241, was enacted to address the issue of additional applicant charges for combined applications where the original visa subclass has been repealed. The instrument allows the Minister to specify additional applicant charges for such cases, based on the original applicant's circumstances and the age of the additional applicant. This legislative amendment was introduced to streamline the application process and provide clarity in the context of visa pricing changes. The instrument operates under the authority of the Legislative Instruments Act 2003, and it was deemed unnecessary to undergo disallowance or produce a Human Rights Statement of Compatibility. The instrument came into effect on 1 July 2013, following the commencement of the Migration Legislation Amendment Regulation 2013 (No. 3). The instrument was developed without the need for consultation as it is part of a broader set of changes for which appropriate consultation had already taken place. Additionally, the Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required. The primary objective of this instrument is to provide a clear framework for determining additional applicant charges in cases where the original visa subclass has been repealed, thereby ensuring consistency and fairness in the application process.

Scope and Application

The Migration Regulations 1994 Additional Applicant Charges Instrument applies to applicants for Australian visas who are subject to the specified additional applicant charges outlined in the instrument. This applies particularly to cases where a visa subclass has been repealed since the original application was made, and the application is considered to be a combined application under regulation 2.08A or 2.08B. The charges are determined based on the visa subclass met by the original applicant and the age of the additional applicant, as detailed in the Schedule to the instrument. This instrument extends the reach of the Migration Regulations 1994 by specifying the additional charges for these particular circumstances, and is applicable nationally across Australia. The instrument does not require consultation under subsection 18(1) of the Legislative Instruments Act 2003, and it is exempt from disallowance under section 44 of the same Act. The instrument came into effect on 1 July 2013, following the commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).

Key Provisions

The F2013L01241 Instrument, made under subregulation 2.12C(4A) of the Migration Regulations 1994, specifies additional applicant charges for certain combined visa applications (2.12C(4)(b)). Specifically, section 2.12C(4A) allows the Minister to set these charges for visas of classes specified in writing. The purpose of this Instrument is to address additional charges for combined applications under regulation 2.08A or 2.08B when the visa subclass has been repealed since the original application was made. The additional charges are determined based on the schedule provision met by the original applicant and the age of the additional applicant, as detailed in the Schedule to the Instrument. The charges are not subject to disallowance under section 44 of the Legislative Instruments Act 2003 and do not require a Human Rights Statement of Compatibility. The obligations imposed by this Instrument on the parties involved, particularly applicants, are to pay the specified additional charges for combined visa applications when the relevant conditions are met. This includes ensuring that applicants who fall under the repealed visa subclass pay the additional charge as outlined in the Schedule. The Instrument does not require consultation as it is part of a subsequent amendment to the Visa Pricing Transformation changes, for which appropriate consultation was already undertaken. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. There are no explicit offences or penalties outlined in the Instrument for non-compliance with the additional charges. However, failure to pay the specified charges when applicable could potentially lead to delays or denials in the processing of visa applications. The consequences would be administrative rather than criminal or civil penalties. The Instrument is designed to ensure that applicants are aware of and meet the financial requirements for their applications, particularly in the context of changes to visa subclasses and combined applications.