EXPLANATORY STATEMENT

Migration Regulations 1994

PLACES AND CURRENCIES FOR PAYING OF FEES 2016

(Paragraphs 5.36(1)(a) and 5.36(1)(b))

1. Instrument IMMI 16/002 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 15/052 (F2015L00895) under subsection 33(3) of the Acts Interpretation Act 1901 (the AI Act), which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The purpose of the Instrument is to update the places (Australia or a foreign country), and the relevant currency for the purposes of paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations.
4. The Instrument operates to specify the places (being Australia or a foreign country) in which a payment of a fee (other than a visa application charge mentioned in subregulation 5.36(3A) of the Regulations) must be made and the currency in which a fee may be paid in that place. The term foreign country is defined in section 28 of the AI Act.
5. Consultation is unnecessary 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 (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19954).
7. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument commences on 1 January 2016.