Overview

The Explanatory Statement F2012L02193 pertains to amendments made to the Migration Regulations 1994, specifically addressing the places and currencies accepted for the payment of fees. Enacted by the Australian Government, these amendments were introduced to ensure that applicants for Australian visas from Mongolia could conveniently pay their application fees in their local currency, the Mongolian Tugrik. The objective is to facilitate smoother visa applications by acknowledging Mongolia as an approved location for fee payments, thus reducing any potential difficulties applicants might face in foreign transactions. The regulation was deemed minor and did not require extensive consultation, as it did not significantly alter existing provisions. Moreover, no Regulatory Impact Statement was required, and the Instrument was exempt from disallowance, thereby not necessitating a Human Rights Statement of Compatibility. The changes came into effect on 1 December 2012.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2012L02193, establish the specific locations and currencies in which fees associated with visa applications must be paid. This particular instrument extends the geographical scope of the Regulations to include Mongolia as an approved location for making such payments and specifies the Mongolian Tugrik as the acceptable currency for those payments. The amendment applies to all applicants who are in Mongolia and seeking to enter Australia, ensuring they can comply with the payment requirements using local currency. The instrument operates under the authority provided by the Migration Regulations 1994 and is designed to facilitate ease of access to Australian visa services for those in Mongolia. There are no stated exclusions or exemptions in this specific instrument, and it operates independently without the need for additional subordinate instruments to further define its application.

Key Provisions

The key provisions of the instrument (F2012L02193) under the Migration Regulations 1994 (subregulation 5.36(1)) pertain to the specification of places and currencies for the payment of fees related to visa applications. According to subregulation 5.36(1)(a), applicants must make payments in a designated place, which can either be Australia or a foreign country specified by Gazette Notice. Similarly, subregulation 5.36(1)(b) mandates that fees be paid in a currency specified by Gazette Notice as being acceptable in the designated place. This instrument specifically addresses the inclusion of Mongolia as an acceptable location for fee payments and specifies the Mongolian Tugrik as the relevant currency for such payments when applying for a visa in Mongolia. The primary obligation under this instrument for applicants is to ensure that their fee payments are made in the specified currency (Mongolian Tugrik) and in the designated place (Mongolia) when applying for an Australian visa from within Mongolia. This requirement is crucial for compliance with the regulations and to avoid any issues with the processing of their visa applications. The inclusion of Mongolia and the Mongolian Tugrik as valid options for fee payment simplifies the application process for those in Mongolia and provides clarity on acceptable methods of payment. In terms of penalties and consequences, the instrument does not explicitly outline specific sanctions for non-compliance with these provisions. However, any deviation from the specified payment requirements could potentially lead to delays in the processing of visa applications or other administrative complications. It is important for applicants to adhere strictly to the regulations to ensure a smooth and efficient application process. As the instrument is of a minor or machinery nature under section 18(1) of the Legislative Instruments Act 2003, it does not substantially alter existing arrangements, and thus no significant penalties are mentioned in the text.