EXPLANATORY STATEMENT
Migration Regulations 1994
PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES
(Paragraph 5.36(1A)(a))
- This Instrument is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (‘the Regulations’) and revokes Instrument IMMI 13/126 (F2013L02085) made on 10 December 2013.
2. Paragraph 5.36(1A)(a) of the Regulations provides that the amount of the payment may be specified in an instrument in writing using the exchange rate for the currency specified 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 and other fees.
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 and other fees.
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 16637).
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 14/005, commences on 1 July 2014.
Overview
The Explanatory Statement outlines the F2014L00648 Instrument, which amends the Migration Regulations 1994. This legislative instrument addresses the gap in the existing regulations by specifying the exchange rates to be used when calculating payments for visa application charges and fees in foreign currencies. This is achieved under paragraph 5.36(1A)(a) of the Regulations, which allows for the specification of amounts in writing using the exchange rate for the currency as stipulated in the instrument. The primary objective of this change is to provide clarity and consistency in the payment of these charges and fees by establishing a precise method for currency conversion. Enacted by the Parliament, the instrument revokes the previous Instrument IMMI 13/126 made in 2013, and it commenced on 1 July 2014. The legislative instrument does not require consultation or a Regulatory Impact Statement, as it is deemed minor and does not substantially alter existing arrangements.
Scope and Application
The Migration Regulations 1994, as amended by Instrument IMMI 14/005, addresses the payment of visa application charges and fees in foreign currencies by specifying the exchange rate to be used in these calculations. This regulation applies to all applicants who are required to pay such charges and fees in a currency other than Australian dollars, ensuring a clear and standardised method for determining the equivalent amount in Australian dollars. The regulation’s reach extends across Australia, as it operates under the authority of the Commonwealth and applies uniformly to all visa applicants, regardless of their specific circumstances or location within Australia. The regulation revokes the previous Instrument IMMI 13/126 and sets forth new exchange rates for specified currencies, effective from 1 July 2014. Importantly, the regulation does not require consultation or a Regulatory Impact Statement, as it is deemed of a minor or machinery nature and does not significantly alter existing arrangements. Furthermore, the regulation is exempt from disallowance and thus does not necessitate a Human Rights Statement of Compatibility.
Key Provisions
The primary operative sections of the Migration Regulations 1994, as revised by the Instrument F2014L00648, involve specifying the exchange rates to be used when calculating payments in foreign currencies for visa application charges and fees. Section 5.36(1A)(a) of the Regulations authorises the specification of these exchange rates, and the Instrument provides the exact rates to be applied for various currencies when processing payments. This ensures consistency and clarity in the conversion process for applicants paying their fees in currencies other than Australian dollars.
The Instrument imposes obligations on both the Department of Home Affairs and visa applicants. For the Department, it mandates the use of the specified exchange rates when calculating payments made in foreign currencies. This ensures that there is no ambiguity or inconsistency in the conversion process, providing a fair and transparent method for applicants. For visa applicants, the Instrument sets out the rates that will be applied to their payments, giving them a clear understanding of the amount they will be charged in their local currency.
In terms of enforcement, the Instrument does not explicitly outline offences or penalties for breaches. However, any non-compliance with the specified exchange rates could lead to disputes or complaints, which would need to be resolved through administrative or judicial processes. The integrity of the payment process is maintained by these specified rates, and any deviation from these rates could potentially lead to legal challenges regarding the fairness and accuracy of the charges imposed.
Civil or criminal consequences are not explicitly stated in the Instrument. Nevertheless, if the Department of Home Affairs fails to adhere to the specified exchange rates, it could face legal action from applicants who believe they have been charged incorrectly. Similarly, if applicants dispute the rates used for their payments, it could result in administrative reviews or legal proceedings. The primary aim of the Instrument is to ensure a transparent and consistent application of exchange rates, thereby avoiding potential disputes and maintaining the integrity of the visa application fee collection process.