EXPLANATORY STATEMENT
Migration Regulations 1994
PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES 2016
(Conversion Instrument)
(Subregulation 5.36(1A))
- Instrument IMMI 16/001 is made under Subregulation 5.36(1A) of the Migration Regulations 1994 (the Regulations).
- 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.
- 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).
- 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.
- 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 (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.
Overview
The Payment of Visa Application Charges and Fees in Foreign Currencies 2016 Instrument (F2015L02120) was enacted in 2016 to address the need for updating the currency exchange rates for payments associated with visa applications under the Migration Regulations 1994. This instrument was created by the Australian government and is an administrative measure under the authority conferred by the Migration Act 1958. The objective of this instrument is to ensure that the rates used for converting foreign currency payments into Australian dollars are current and accurate, facilitating the payment of fees by applicants who are not based in Australia. The instrument operates by specifying the applicable exchange rates for various currencies used in the payment process, ensuring consistency and transparency in the fee conversion process. The instrument was deemed to be of minor nature, hence consultation was not necessary and a Regulatory Impact Statement was not required.
Scope and Application
The Migration Regulations 1994, as amended by Instrument IMMI 16/001, govern the payment of visa application charges and fees in foreign currencies. This instrument applies to individuals and entities seeking to pay visa application fees in currencies other than Australian dollars, specifying the exchange rates for conversion purposes. It is designed to ensure consistent and transparent fee payment practices by updating the currency exchange rates used in the conversion of foreign currency payments to Australian dollars. The regulations and the instrument apply nationally, as they are part of the Commonwealth legislative framework. The instrument does not specify exclusions or exemptions but replaces the previous conversion rates set out in IMMI 15/051, indicating a continuous administrative update process. The application of these regulations is further extended or restricted through subordinate instruments, allowing for adjustments in currency exchange rates as necessary.
Key Provisions
The primary operative sections of the Payment of Visa Application Charges and Fees in Foreign Currencies 2016 (Instrument IMMI 16/001) concern the specification of currency exchange rates for the payment of fees, excluding visa application charges specified in subregulation 5.36(3A) of the Migration Regulations 1994 (the Regulations). This Instrument revokes its predecessor, IMMI 15/051 (F2015L00893), and updates the relevant exchange rates (Subregulation 5.36(1A)). This is a routine update to maintain currency with economic conditions and ensure accuracy in fee conversions.
The obligations imposed by this Act on the relevant parties, primarily applicants for visas and their representatives, are straightforward. They must now adhere to the new exchange rates specified in the Instrument when converting foreign currency to Australian dollars for the payment of applicable fees. This ensures that all parties are aware of and comply with the current exchange rates, thereby maintaining fairness and consistency in the fee payment process.
In terms of legal consequences, the Act does not explicitly outline specific offences or penalties for non-compliance with the updated exchange rates. However, the accuracy of fee payments is critical as errors could result in delays, rejections, or additional administrative burdens for applicants. The Instrument itself operates under the assumption that adherence to the specified rates is mandatory, and non-compliance could indirectly affect the processing of visa applications. The Instrument also exempts itself from disallowance under section 44 of the Legislative Instruments Act 2003, thereby avoiding the requirement for a Statement of Compatibility with Human Rights.