Overview

The Places and Currencies for Paying of Fees 2016 Instrument (F2016L00626) was enacted in 2016 to update the locations and currencies in which fees, other than visa application charges, can be paid under the Migration Regulations 1994. This Instrument operates under the authority conferred by the Migration Act 1958 and was made by the Minister for Immigration and Border Protection under subsections 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994. The policy objective of the Instrument is to ensure that the payment of relevant fees is facilitated in a manner that is current and reflective of international financial practices, thereby maintaining the efficiency and accessibility of the visa application process. This update ensures that applicants are aware of the approved locations and currencies for fee payments, reducing potential confusion and administrative errors. The Instrument revokes a previous instrument (IMMI 16/002) and is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it commenced on 1 July 2016 without the requirement for a Statement of Compatibility with Human Rights.

Scope and Application

The Places and Currencies for Paying of Fees 2016/036 Instrument, made under the Migration Regulations 1994, specifies the locations and currencies for fee payments related to migration matters, excluding visa application charges. This legislative instrument applies to all entities and individuals who are required to pay fees associated with migration applications and services, thereby impacting the relevant industry and conduct within Australia's migration framework. The geographic reach of this Instrument is confined to Australia and the foreign countries listed in its Schedule. The Instrument revokes the previous Instrument IMMI 16/002 and is exempt from disallowance, as it is considered of a minor or machinery nature and does not substantially alter existing arrangements. It operates under the delegation of the Minister's powers to the Chief Financial Officer, Finance Division of the Department of Immigration and Border Protection. This Instrument commenced on 1 July 2016, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.

Key Provisions

The main operative sections of this Instrument are paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994. These sections allow the Minister to specify the places and currencies in which fees, excluding visa application charges, must be paid. The Instrument, IMMI 16/036, revokes the previous Instrument, IMMI 16/002, and updates the list of acceptable locations and currencies for fee payments. This includes specifying that fees must be paid in Australia or a foreign country listed in the Instrument's Schedule, using a currency accepted in that country as specified in the Schedule. The obligations imposed by this Act on the parties it governs include ensuring that all payments of fees, other than visa application charges, are made in the correct place and currency as specified in the Schedule to the Instrument. The Act requires that these payments are made in Australia or in one of the foreign countries listed in the Instrument’s Schedule and in the specified currency for that country. This ensures that there is a standardised method for making fee payments, which is essential for the efficient processing of applications under the Migration Regulations 1994. In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties for failing to adhere to the requirements for fee payment places and currencies. However, the failure to comply with these requirements could lead to delays or refusals in processing applications, as the Department of Home Affairs may not accept fees paid in non-compliant locations or currencies. This could result in additional administrative burdens and costs for applicants, who may need to rectify the payment to meet the specified requirements.