Overview

The PLACES AND CURRENCIES FOR PAYING OF FEES 2016 (F2015L02123) is an instrument made under the Migration Regulations 1994, aiming to update the locations and currencies for the payment of fees, as stipulated in paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations. This instrument, IMMI 16/002, revokes the earlier instrument IMMI 15/052 (F2015L00895) to ensure that the provisions remain current and relevant. Enacted by the Parliament of Australia, the primary objective of this legislation is to specify the places, including Australia and foreign countries, where fee payments must be made and the acceptable currency for such payments. This update is intended to streamline the fee payment process under the Migration Regulations 1994, ensuring clarity and consistency in compliance with the legislative requirements.

Scope and Application

The PLACES AND CURRENCIES FOR PAYING OF FEES 2016 Instrument, made under the Migration Regulations 1994, applies to the process of fee payments associated with visa applications in Australia. It pertains to all individuals and entities who are required to make such payments, ensuring that they comply with the updated stipulations regarding the acceptable locations and currencies for fee payments. The Instrument's geographic reach extends to both Australia and foreign countries, and it operates within the Commonwealth jurisdiction, specifically targeting the administrative procedures outlined in the Migration Regulations. It supersedes the previous IMMI 15/052 Instrument, reflecting the need to keep the regulatory framework current and adaptable to international financial practices. Notably, the Instrument does not require disallowance and is exempt from producing a Statement of Compatibility with Human Rights, given its classification as a minor or machinery instrument that does not significantly alter existing arrangements. This legislative instrument ensures that the process of paying visa application fees is transparent and straightforward for applicants, whether they are located within Australia or abroad.

Key Provisions

The Migration Regulations 1994 (Regulations) are amended by Instrument IMMI 16/002, which revokes Instrument IMMI 15/052 (F2015L00895) (subsection 33(3) of the Acts Interpretation Act 1901). This Instrument serves to update the provisions concerning the places and currencies for the payment of fees as specified in paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations. Specifically, it identifies where payments of fees must be made and in which currency, excluding the visa application charge mentioned in subregulation 5.36(3A). The term 'foreign country' is defined under section 28 of the Acts Interpretation Act 1901. Under this Instrument, individuals or entities seeking to make fee payments must adhere to the new specifications regarding the location and currency for these payments. Fees must now be paid either in Australia or in a foreign country as designated, and must be in the specified currency for that location. This ensures consistency and clarity in fee payment requirements, facilitating compliance for those subject to the Regulations. Failure to comply with the new fee payment provisions could lead to administrative complications or even the rejection of applications, as the updated regulations require adherence to the specified payment methods. While the Instrument does not explicitly state penalties for non-compliance, the Regulations themselves include various penalties for breaches, which may include fines or other administrative actions. The Instrument is of a minor nature and does not require consultation or a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation (OBPR Reference 19954). Additionally, 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. The changes introduced by this Instrument are designed to streamline and clarify the fee payment process under the Migration Regulations.