Overview

The Explanatory Statement outlines the legislative instrument known as IMMI 13/024, made under the Migration Regulations 1994. This instrument, enacted to address the specific issue of specifying visa application charges and fees in foreign currencies, particularly for Nigerian Naira, was introduced to streamline the payment process for applicants from Nigeria. The Regulations, administered by the Commonwealth Parliament, aim to facilitate the conversion of Australian dollar amounts into Nigerian Naira, thereby making it easier for applicants to comply with the financial requirements for visa applications. The legislative instrument does not require extensive consultation or a Regulatory Impact Statement, as it is considered minor and does not substantially alter existing arrangements. It operates under the Legislative Instruments Act 2003 and is exempt from disallowance, ensuring its implementation without undue bureaucratic delay.

Scope and Application

The Instrument, F2013L00172, applies to individuals who are required to pay visa application charges or fees in foreign currencies when applying for a visa to enter Australia, specifically targeting those using Nigerian Naira. This legislative instrument operates under the Migration Regulations 1994 and serves to convert Australian Dollar amounts into the equivalent Nigerian Naira for visa application charges and fees. It is designed to ensure clarity and consistency in the payment of fees for those using Nigerian Naira, thereby facilitating smoother visa application processes for relevant applicants. The regulation specifies the exact conversion rates to be used for the specified fees, which include visa application charges and other related fees under the Regulations. The scope of this Instrument is limited to the conversion of fees into Nigerian Naira, and it does not extend to other currencies or types of charges. The Instrument does not require disallowance under section 44 of the Legislative Instruments Act 2003, and thus, a Human Rights Statement of Compatibility is not necessary. It commences on the day after its registration, applying nationally in alignment with the broader provisions of the Migration Regulations 1994.

Key Provisions

The Migration Regulations 1994 (Regulations) under section 5.36(1A)(a) include provisions that allow the payment of visa application charges and fees in foreign currencies, specifically mentioning the Nigerian Naira. This provision (paragraph 5.36(1A)(a)) requires that if the currency specified for payment is one for which an equivalent amount in Australian dollars is specified by a Gazette Notice, then the fee must be paid in accordance with that specified amount. This regulation is designed to facilitate the payment of visa fees in the applicant's local currency, in this case, the Nigerian Naira, ensuring clarity and convenience in the payment process for those applying for Australian visas. The obligations imposed by these provisions on parties or entities governed by the Regulations include ensuring that visa application charges and fees are paid in the specified amounts as converted into the foreign currency. For example, applicants who wish to pay their visa application charges in Nigerian Naira must ensure that the converted amount aligns with the equivalent Australian dollar amount specified in the Gazette Notice. This process helps maintain consistency and accuracy in fee collection and processing. The Regulations mandate that the conversion must be accurate and that any discrepancies may lead to complications or delays in visa processing. Failure to comply with the specified payment requirements may result in various consequences. Although the explanatory statement does not explicitly outline offences or penalties, breaches of the Regulations generally can lead to civil or administrative penalties. The specific consequences for non-compliance with these provisions would depend on the broader context of the Regulations and any relevant legislative frameworks. Typically, penalties can range from fines to more severe administrative actions, depending on the severity and intent of the breach. The exact penalties would be determined in accordance with the provisions of the Migration Act 1958 and related regulations, and any subsequent amendments or interpretations by the relevant authorities.