Migration Regulations 1994 - Specification of Payment of Visa Application Charges and Fees in Foreign Currencies (Conversion Instrument) - IMMI 14/101

Overview

The Migration Regulations 1994 were enacted to streamline and regulate the process of migration in Australia. In 2014, the Migration Regulations 1994 were amended to address the specific issue of determining exchange rates for visa application charges and fees paid in foreign currencies. This legislative instrument, F2014L01411, was introduced under the authority of the Legislative Instruments Act 2003 and is concerned with the minor yet essential administrative task of specifying the exchange rates for various currencies. The instrument was designed to ensure clarity and consistency in the conversion of foreign currency payments into Australian dollars, thereby maintaining fairness and transparency in the visa application process. The policy objective is to provide a precise framework for calculating payments in foreign currencies, without the need for extensive consultation or regulatory impact analysis due to its minor nature.

Scope and Application

The explanatory statement outlines a legislative instrument made under the Migration Regulations 1994, specifically addressing the payment of visa application charges and fees in foreign currencies. This instrument specifies the exchange rates to be used when calculating payments in particular currencies for visa application charges and other fees, thereby ensuring clarity and consistency in financial transactions related to visa applications. It applies to individuals and entities involved in the payment of such charges and fees, providing a definitive framework for currency conversion. The instrument has been updated to include the Nigerian Naira, indicating its relevance to applicants from Nigeria. It operates on a national level within Australia, affecting all persons and entities subject to the Migration Regulations. The instrument does not require disallowance or a Human Rights Statement of Compatibility as it is deemed minor and of a machinery nature, not substantially altering existing arrangements. Its commencement date is 3 November 2014, marking the point at which it officially applies.

Key Provisions

The main operative sections of this legislation concern the exchange rates to be applied when calculating payments in specific currencies for the purposes of paying visa application charges and other fees under the Migration Regulations 1994 (the Regulations). Specifically, section 2 states the purpose of the Instrument, which is to specify the exchange rate for these payments. Section 3 outlines that the Instrument operates to specify the exchange rates to be applied against each specified currency when calculating these payments. The Instrument has been updated to include the Nigerian Naira, along with its ISO Code and the relevant Exchange Rate, as noted in section 4. The Act imposes obligations and requirements on entities making payments in foreign currencies for visa application charges and fees. It mandates the use of specific exchange rates as outlined in the Instrument for each specified currency. This ensures consistency and transparency in the calculation of these payments, as detailed in section 3. The inclusion of the Nigerian Naira, as mentioned in section 4, extends these obligations to payments in this currency, requiring the use of the specified exchange rate. Any breach of the obligations and requirements set out in this Instrument may result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is understood that breaches of the Regulations can lead to fines or other legal actions. Under the Migration Act 1958, penalties for non-compliance can include substantial fines and, in some cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, but they can include fines of up to $22,200 for individuals and significantly higher amounts for corporations, as well as potential imprisonment in serious cases.