EXPLANATORY STATEMENT

Migration Regulations 1994

PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES 2016

(Conversion Instrument)

(Subregulation 5.36(1A))

1. Instrument IMMI 16/001 is made under Subregulation 5.36(1A) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 15/051 (F2015L00893) under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. 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 mentioned in subregulation 5.36(3A) of the Regulations).
4. The Instrument operates to specify the currency in which the payment of a fee is to be paid using the listed exchange rate for the currency.
5. 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.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19955).

7.             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.

8.             The Instrument, IMMI 16/001, commences on 1 January 2016.