EXPLANATORY STATEMENT
Migration Regulations 1994
PLACES AND CURRENCIES FOR PAYING OF FEES
(PARAGRAPHS 5.36(1)(a) AND 5.36(1)(b))
- This Instrument is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (‘the Regulations’). This Instrument revokes Instrument number IMMI 10/021 signed on 1 June 2010.
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 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. 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. A Preliminary Assessment for this proposed change has been sent to the Office of Best Practice Regulation, and they have advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition. (Reference Number: 12042).
7. The Instrument, IMMI 10/066, commences on 1 January 2011.
Overview
The Explanatory Statement outlines a legislative instrument, IMMI 10/066, made under the Migration Regulations 1994. This instrument was enacted to address the need for specifying the places and currencies acceptable for the payment of visa application charges when applying for a visa to enter Australia from abroad. This legislative instrument revokes a previous instrument, IMMI 10/021, and comes into effect on 1 January 2011. The primary purpose of this regulation is to clarify the locations and currencies approved for fee payments, ensuring that applicants are aware of where and in what form to make their payments when applying for Australian visas from overseas. The instrument operates by detailing the specific places and currencies for fee payments, as notified by Gazette Notice. Notably, this change was deemed to be of a minor or machinery nature, exempting it from the need for extensive consultation or a Regulatory Impact Statement, as it imposes minimal compliance costs and has negligible effects on business, individuals, the economy, or competition.
Scope and Application
The Migration Regulations 1994, as amended by the specified Instrument, apply to individuals and entities who are required to pay visa application charges for visas to enter Australia when applying from a foreign country. The legislation governs the specific places and currencies that are acceptable for making these payments, thereby providing clarity and consistency in the payment process. The geographic reach of this legislation is national, affecting both Australian citizens and international applicants. The regulation ensures that fees can be paid in designated places, which are specified through Gazette Notices, and in the currencies that are also declared in these notices. The application of this regulation is restricted to fees other than those explicitly mentioned in subregulation 3A, thus excluding certain specified visa application charges from its purview. Subordinate instruments, such as Gazette Notices, extend and refine the application of these regulations by specifying the exact places and currencies applicable for fee payments.
Key Provisions
The primary operative sections of the Instrument (IMMI 10/066) specify the places and currencies for paying visa application charges when applying for a visa to enter Australia from a foreign country. According to subregulation 5.36(1) of the Migration Regulations 1994, payment of a fee must be made in a specified place and in a specified currency, as determined by Gazette Notice (subsections (a) and (b) respectively). This Instrument revokes the earlier Instrument number IMMI 10/021, which was signed on 1 June 2010. It provides updated specifications for the places and currencies for fee payments, ensuring clarity and consistency in the application process for those applying from abroad.
The Act imposes several obligations and requirements on the parties involved. Applicants for a visa to enter Australia from a foreign country must adhere to the specified places and currencies for fee payments as outlined in the Gazette Notice. This ensures that applicants know exactly where and in what form they need to pay their fees, thereby facilitating a smooth application process. The Instrument operates by explicitly detailing these specifications, which must be followed by applicants to ensure their applications are processed correctly and efficiently.
Offences and penalties for non-compliance with the requirements outlined in the Instrument are not explicitly detailed within the text of the Explanatory Statement. However, under the Migration Act 1958, there are general provisions that apply to non-compliance with visa application processes, which could include fines, imprisonment, or other civil and criminal consequences. It is advisable for applicants to carefully follow the specified payment instructions to avoid any potential legal repercussions.
The Instrument, IMMI 10/066, commences on 1 January 2011, and it revokes the earlier Instrument number IMMI 10/021. This change aims to streamline the process for applicants by providing clear and updated specifications for fee payments, reducing the potential for confusion and ensuring that applicants can easily meet the requirements set forth by the Regulations.