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’).
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 include Iran as a specified place and to specify the Iranian Rial as a relevant currency for use when paying a visa application charge when applying in Iran for a visa to enter Australia.
4. The Instrument operates to specify a place, Iran, in which payment of a fee must be made and the currency, the Iranian Rial, in which a fee may be paid in that place. Fee means an instalment of visa application charge or an amount of visa evidence charge or a fee payable under the Regulations.
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 14363).
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 12/135, commences on 1 January 2013.