EXPLANATORY STATEMENT

Migration Regulations 1994

PLACES AND CURRENCIES FOR PAYING OF FEES

 (REGULATIONS 5.36(1)(a) AND 5.36(1)(b))

1.  This Instrument is made under regulation 1.17 and paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994 (‘the Regulations’).

2.            Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

3.            Subregulation  5.36(1) of the Regulations provides that payment of a fee, other than a visa application charge mentioned in subregulation (3A), must be made:

(a)   in a place, being Australia or a foreign country, that is specified for the purposes of the paragraph by Gazette Notice; and

(b)   in a currency that is specified for the purposes of the paragraph by Gazette Notice as a currency in which a fee may be paid in that place.

4.            The purpose of the Instrument is to inform DIAC’s offshore clients which currency to use to pay a visa application charge when applying, in a foreign country for a visa to enter Australia.

5.            The Instrument operates to specify the places in which payment of a fee must be made and the currency in which a fee may be paid in that place.

6. Consultation has been held with all overseas posts to ensure that any requirements or concerns have been addressed.

7. The Instrument, IMMI 07/089, commences on 1 January 2008.