EXPLANATORY STATEMENT

Migration Regulations 1994

PLACES AND CURRENCIES FOR PAYING 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 specify a place and the relevant currency to use when paying a visa application charge for applicants 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. Consultation was not necessary 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’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument. 

7. The Instrument, IMMI 10/021, commences on 1 July 2010.