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 5.36(1)(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 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 is unnecessary 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 has advised that a Regulatory Impact Statement is not required (OBPR Reference 13232).

7.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8.                  The Instrument, IMMI 12/077, commences on 1 January 2013.