EXPLANATORY STATEMENT

Migration Regulations 1994

PLACES AND CURRENCIES FOR PAYING OF FEES

 (PARAGRAPHS 5.36(1)(a) AND 5.36(1)(b))

1. This Instrument is made under paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994 (‘the Regulations’).
2. 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.

3.                   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.

4.                   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.

5. On advice from my department I consider that, having regard to section 18 of the Legislative Instruments Act 2003, consultations were not necessary or were inappropriate as this instrument is of a machinery nature and does not substantially alter existing arrangements.

6. The Instrument, IMMI 09/101, commences on 1 January 2010.