Overview

The Explanatory Statement outlines an Instrument made under the Migration Regulations 1994, specifically addressing the payment of visa application charges in foreign currencies. Enacted to streamline the process of calculating payments in various currencies, the Instrument specifies the exchange rates to be used for this purpose. This legislative measure was introduced to ensure consistency and clarity in the financial transactions related to visa applications, thereby facilitating a smoother process for applicants who need to remit payments in currencies other than Australian dollars. The Instrument was issued under the authority of the Legislative Instruments Act 2003, and due to its minor nature, it was not subject to consultation or the requirement for a Regulatory Impact Statement. Furthermore, it is exempt from disallowance, thus no Human Rights Statement of Compatibility was necessary. This Instrument, IMMI 13/045, took effect immediately after the commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).

Scope and Application

The explanatory statement pertains to the Migration Regulations 1994, specifically detailing the regulations concerning the payment of visa application charges and fees in foreign currencies. This instrument, made under paragraph 5.36(1A)(a) of the Regulations, is concerned with the specification of exchange rates used in the calculation of payments in particular foreign currencies. It is pertinent to note that this instrument operates solely in the context of determining the exchange rates applicable to specific currencies when calculating payments for visa application charges. The instrument is of a minor and machinery nature, exempting it from the necessity of consultation and a Regulatory Impact Statement, as it does not substantially alter existing arrangements. Additionally, given its nature, the instrument is exempt from disallowance, and thus, a Human Rights Statement of Compatibility is not required. The application of this instrument is confined to the Commonwealth level, aligning with the overarching framework of the Migration Regulations 1994.

Key Provisions

The key provision of the instrument, as referenced in paragraph 5.36(1A)(a) of the Migration Regulations 1994, is the specification of exchange rates to be used when calculating payments made in certain foreign currencies for the purpose of paying visa application charges. The Regulations empower the Minister to specify these exchange rates through a written instrument, and the instrument in question follows this directive by detailing the exact rates to be applied for specific currencies (paragraph 3). This is intended to standardise the conversion process, ensuring clarity and consistency in the payment of visa application charges. The obligations imposed by this instrument primarily concern the accurate calculation of visa application charges in foreign currencies. Any party or entity involved in the payment of these charges must use the specified exchange rates when converting amounts from their currency to Australian dollars (paragraph 2). This requirement is designed to prevent discrepancies and ensure that all applicants pay the correct amount, as mandated by the specified exchange rates. Failure to comply with the specified exchange rates could lead to various consequences. Although the Explanatory Statement does not detail specific offences or penalties, non-compliance could potentially lead to inaccurate charge payments. This might result in administrative issues, delays, or even the rejection of visa applications if the incorrect amount is submitted. Given that the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and that it was determined to be of a minor or machinery nature (paragraph 5), no explicit penalties are outlined within the Explanatory Statement. However, it is reasonable to infer that any administrative or financial repercussions would follow standard regulatory processes.