EXPLANATORY STATEMENT
Migration Regulations 1994
PLACES AND CURRENCIES FOR PAYING OF FEES 2015
(Places and Currencies Instrument)
(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. Under section 33 of the Acts Interpretation Act 1901 (AI Act), the Instrument revokes IMMI 15/002 (F2014L01711), signed on 9 December 2014, by Steven Groves, Delegate of the Minister.
3. The purpose of the Instrument is to update the places (Australia or a foreign country), and the relevant currency for the purposes of paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations.
4. The Instrument operates to specify the places (being Australia or a foreign country) in which a payment of a fee (other than a visa application charge mentioned in subregulation 5.36(3A) of the Regulations) must be made and the currency in which a fee may be paid in that place. The term foreign country is defined in section 28 of the AI Act.
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 19101).
7. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument, IMMI 15/052, commences on 1 July 2015.
Overview
The Places and Currencies for Paying of Fees 2015 Instrument, made under the Migration Regulations 1994, serves to update the locations and currencies relevant to the payment of various fees associated with migration matters. This legislative instrument revokes the previous IMMI 15/002 issued in 2014, ensuring that the regulatory framework remains current and reflective of the places and currencies where fees may be paid. The Instrument specifies the places, which include Australia or any foreign country, and the currencies that may be used for these payments, thereby addressing the need for an up-to-date regulatory framework to facilitate compliance with fee payment requirements. This update ensures that the regulations governing the payment of migration-related fees are aligned with contemporary financial practices and international standards.
Scope and Application
The Places and Currencies for Paying of Fees 2015 Instrument, established under the Migration Regulations 1994, serves to update the locations and currencies for the payment of fees associated with visa applications, excluding the visa application charge. This legislative instrument operates to specify the places where fees must be paid—Australia or a foreign country—and the currencies accepted in those locations, thereby ensuring compliance with the regulatory framework. It revokes the previous Instrument, IMMI 15/002, and takes effect from 1 July 2015. Given that the changes are administrative and do not substantially alter existing arrangements, no consultation or Regulatory Impact Statement was deemed necessary. The Instrument is exempt from disallowance, meaning it does not require a Statement of Compatibility with Human Rights, as per section 44 of the Legislative Instruments Act 2003.
Key Provisions
The Migration Regulations 1994 (the Regulations) are amended by this Instrument (F2015L00895) to update the places and currencies for fee payments. Specifically, section 5.36(1)(a) and (b) of the Regulations are revised to specify where and in what currency fees must be paid (paragraph 4). This is done to ensure the clarity and efficiency of the fee payment process under the Migration Act.
The key provisions of this Instrument, including the revocation of a previous Instrument IMMI 15/002 (F2014L01711) and the new specifications for fee payments, are detailed in the explanatory statement (paragraph 2). The new Instrument, IMMI 15/052, which comes into effect on 1 July 2015, mandates that all fee payments (excluding visa application charges) must now be made either in Australia or in a foreign country as defined under the Acts Interpretation Act 1901 (paragraph 4). The currency for these payments must be specified in the place where the payment is made.
Under the new regulations, entities and individuals subject to the Migration Act must ensure that fee payments are made in the designated places and currencies. This requirement applies to all fees associated with the Migration Act except for those specified in subregulation 5.36(3A). The obligations include checking the updated list of acceptable places and currencies, and making payments accordingly to avoid any compliance issues (paragraph 4).
The Instrument does not impose any new criminal or civil penalties for its breach, as it is considered a minor or machinery change under section 18(1) of the Legislative Instruments Act 2003 (paragraph 5). However, failure to comply with the specified payment methods and currencies could result in administrative consequences, such as delays or refusals in processing applications. The Instrument is exempt from disallowance, and no Statement of Compatibility with Human Rights is required (paragraphs 6 and 7). The changes are effective from 1 July 2015, providing a clear timeline for stakeholders to adjust to the new requirements (paragraph 8).