EXPLANATORY STATEMENT
Migration Regulations 1994
PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES 2015
(Conversion Instrument)
(Subregulation 5.36(1A))
- This Instrument is made under Subregulation 5.36(1A) of the
Migration Regulations 1994 (the Regulations). - Under subsection 33(3) of the Acts Interpretation Act 1901, the Instrument revokes
IMMI 15/001 (F2014L01712), signed on 9 December 2014. - The purpose of the Instrument is to update the currency exchange rates for the purposes of paying a fee other than a visa application charge payment.
- The Instrument operates to specify the currency in which the payment of fees is to be paid using the listed exchange rate for the currency.
- Consultation was not necessary 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.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 19099).
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Instrument, IMMI 15/051, commences on 1 July 2015.
Overview
The "Payment of Visa Application Charges and Fees in Foreign Currencies 2015 (Conversion Instrument)" (F2015L00893) was enacted in 2015 to provide an updated set of currency exchange rates for the payment of certain fees under the Migration Regulations 1994. This Instrument was made under the authority of Subregulation 5.36(1A) of the Migration Regulations 1994, which allows for the specification of exchange rates to be used when fees are paid in foreign currencies. The primary purpose of this Instrument is to ensure that the rates used for converting foreign currency payments into Australian dollars are current and accurate. The Instrument revokes the previous conversion instrument, IMMI 15/001, which had been in place since 2014. The enacting body for this Instrument is the Australian government, and its policy objective is to streamline the process of fee payments for visa applicants by providing clear and updated exchange rates.
Scope and Application
The Payment of Visa Application Charges and Fees in Foreign Currencies 2015 Instrument pertains to the Migration Regulations 1994, specifically addressing the conversion rates for fees payable in currencies other than Australian dollars. This regulation applies to all entities and individuals required to pay fees associated with visa applications, ensuring consistency and clarity in the conversion process. The scope of this regulation encompasses all transactions where foreign currency payments are involved, and it is effective across the Commonwealth of Australia. There are no exclusions or exemptions specified within the text, and the regulation itself does not extend or restrict application beyond its stated purpose of updating exchange rates. As it is of a minor or machinery nature, consultation was deemed unnecessary, and no Regulatory Impact Statement or Statement of Compatibility with Human Rights was required. This Instrument, IMMI 15/051, commenced on 1 July 2015, providing updated exchange rates for the specified purpose.
Key Provisions
The main operative sections of this Instrument, IMMI 15/051, pertain to updating the currency exchange rates for the purposes of paying fees other than visa application charges, as outlined in subregulation 5.36(1A) of the Migration Regulations 1994. This regulation specifically revokes the previous Instrument, IMMI 15/001, which was signed on 9 December 2014, and introduces updated exchange rates that will be used to determine the equivalent Australian dollar amount for payments in foreign currencies. The Instrument does not require consultation as it is deemed a minor or machinery instrument under section 18(1) of the Legislative Instruments Act 2003, meaning it does not substantially alter existing arrangements.
This Act imposes specific obligations on entities and individuals who are required to pay fees under the Migration Regulations 1994 in foreign currencies. These parties must use the updated exchange rates specified in the Instrument to convert their foreign currency payments into Australian dollars. The regulation aims to ensure consistency and transparency in the payment process by providing a clear and updated reference for currency conversion. It is important for all relevant parties to comply with these updated rates to avoid discrepancies or potential issues with their payments.
The Instrument does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance. However, the underlying Migration Regulations 1994 may impose penalties for non-compliance with payment requirements. Failure to adhere to the correct payment procedures, including the use of the specified exchange rates, could potentially result in complications with visa applications or other immigration-related processes. While the Instrument itself does not outline specific penalties, the broader regulatory framework may impose sanctions for non-compliance, which could include fines or other administrative actions as prescribed in the relevant regulations.