Overview

The Payment of Visa Application Charges and Fees in Foreign Currencies Amendment Instrument, introduced in 2013, is an amendment to the Migration Regulations 1994. This instrument was created under the authority of the Legislative Instruments Act 2003 and addresses a specific error identified in the original instrument IMMI 12/076, which was signed on 12 December 2012 and registered on the Federal Register of Legislative Instruments. The amendment rectifies the incorrect amounts specified in Central Pacific Francs corresponding to the visa application charges and fees in Australian dollars. As the amendment is of a minor nature and does not substantially alter existing arrangements, consultation was deemed unnecessary, and a Regulatory Impact Statement was not required. The instrument is exempt from disallowance, hence a Human Rights Statement of Compatibility is not mandated. The amendment commences on the day following its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Payment of Visa Application Charges and Fees in Foreign Currencies Amendment Instrument, made under the Migration Regulations 1994, rectifies an error found in instrument IMMI 12/076, originally signed on 12 December 2012 and registered on the Federal Register of Legislative Instruments. This amendment specifically addresses the incorrect amounts specified in Central Pacific Francs corresponding to the visa application charges and fees payable in Australian dollars. This legislative amendment applies to individuals and entities required to pay visa application charges or fees in foreign currencies under the Migration Regulations 1994. Given its Commonwealth nature, it has a nationwide jurisdictional reach, impacting all visa applicants across Australia. The amendment does not substantially alter existing arrangements and was not subject to consultation as it is considered a minor or machinery nature under section 18(1) of the Legislative Instruments Act 2003. Additionally, the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary. The Instrument is exempt from disallowance and thus does not require a Human Rights Statement of Compatibility under section 44 of the Legislative Instruments Act 2003. The amendment will take effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Migration Regulations 1994, as amended by the PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES AMENDMENT INSTRUMENT (F2013L00057), address the issue of correcting errors in the previously specified amounts in foreign currencies corresponding to visa application charges in Australian dollars. This Amendment Instrument, made under paragraph 5.36(1A)(a) of the Regulations, specifically targets the original instrument IMMI 12/076, which was signed on 12 December 2012 and registered on the Federal Register of Legislative Instruments (FRLI reference F2012L02452). The purpose of this Amendment Instrument is to correct the inaccuracies in the amounts specified in Central Pacific Francs that were found to be incorrect after the initial instrument was registered. The Amendment Instrument imposes a clear obligation on the entities governed by the Regulations to adhere to the corrected amounts specified in the Amendment Instrument for visa application charges in foreign currencies. This includes ensuring that applicants for visas who are required to pay charges in currencies other than Australian dollars do so according to the corrected figures. The entities must ensure that the payment instructions and information provided to applicants reflect these accurate amounts to prevent any confusion or discrepancies in the payment process. Failure to comply with the corrected amounts specified in the Amendment Instrument could result in administrative or financial discrepancies, particularly for applicants who must pay in foreign currencies. While the Amendment Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, it is implicit that adherence to the correct amounts is necessary to maintain the integrity and accuracy of the visa application process. Any non-compliance could potentially lead to disputes or challenges regarding the validity of payments made, thereby impacting the processing of visa applications. The legislative framework surrounding the Migration Regulations 1294 would typically outline more detailed consequences for non-compliance with specified monetary obligations in such amendments.