EXPLANATORY STATEMENT

Migration Regulations 1994

PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES

(Paragraph 5.36(1A)(a))

1. This Instrument is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Paragraph 5.36(1A)(a) of the Regulations provides that the Minister may, in an instrument in writing for this paragraph, specify the exchange rate to be used in calculating payments to be made in a foreign currency which is also specifically listed in the Instrument.
 

3.                  The purpose of the Instrument is to specify the exchange rate to be used when calculating payments in specific currencies for the purposes of paying a visa application charge.  
 

4.                  The Instrument operates to specify the exchange rates to be applied against each specified currency when calculating the payment of a visa application charge.

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 has advised that a Regulatory Impact Statement is not required (OBPR Reference 15040).

7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8. The Instrument, IMMI 13/045, commences immediately after the commencement of Migration Legislation Amendment Regulation 2013 (No. 3).