Overview

The Explanatory Statement outlines an Instrument made under the Migration Regulations 1994, specifically addressing the places and currencies for paying fees related to visa applications, as per regulation 5.36(1). The Instrument, IMMI 07/024, was introduced to clarify the requirements for clients applying for a visa from overseas, ensuring they know which currency to use for fee payments in foreign countries. It was enacted to assist the Department of Immigration and Citizenship (DIAC) in providing clear guidance to its offshore clients, thereby addressing potential confusion regarding the payment of visa application charges. This legislative measure aims to streamline the application process for international applicants by specifying the authorised locations and currencies for fee payments, facilitating smoother transactions and compliance with the stipulated regulations. The Instrument commenced on 1 July 2007, following consultations with all overseas posts to incorporate relevant feedback and address any concerns.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2007L01825, apply to individuals and entities who are required to pay a fee for a visa application under the regulations. This includes both Australian residents and international applicants who need to pay a visa application charge for entry into Australia. The scope of the regulation extends to specifying the exact locations and currencies acceptable for such payments, which must be made in Australia or a foreign country as determined by a notice in the Gazette. This ensures clarity for applicants overseas, allowing them to meet the precise requirements for where and how they can pay the fees. The regulation is a Commonwealth instrument and, therefore, has a national jurisdictional reach. It does not apply to visa application charges explicitly mentioned in subregulation 5.36(3A). Any further specifications or amendments to the places and currencies for fee payments can be made through additional Gazette notices by the Minister, thereby extending or restricting the application of these regulations.

Key Provisions

The key provisions of this legislation, titled F2007L01825, pertain to the places and currencies for paying fees under the Migration Regulations 1994. Specifically, regulations 5.36(1)(a) and 5.36(1)(b) outline where and in what currency fees must be paid. Regulation 1.17 allows the Minister to specify such matters through a notice in the Gazette. Subregulation 5.36(1) mandates that fees, excluding visa application charges, be paid in a place specified by a Gazette notice and in a currency also specified by such a notice for that place. The obligations imposed by this legislation require applicants to ensure their fees are paid in the specified places and currencies. The regulation aims to guide Department of Immigration and Citizenship (DIAC) offshore clients on the acceptable currency for paying visa application charges when applying from a foreign country. To achieve this, the regulation specifies the locations and currencies acceptable for fee payments. Failure to comply with the requirements set out in this regulation may result in civil or criminal consequences, though specific penalties are not detailed within the text. The regulation emphasises that its purpose is to inform and guide applicants on where and how to pay their fees correctly, ensuring clarity and compliance with the prescribed procedures. Consultation with all overseas posts was conducted prior to the making of this Instrument to address any requirements or concerns, ensuring that the regulation is practical and widely understood. The Instrument, designated as IMMI 07/024, came into effect on 1 July 2007, providing a clear framework for fee payments under the Migration Regulations 1994.