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’) and revokes Instrument IMMI 13/127 (F2013L02115) made on 10 December 2013.
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, (Australia or a foreign country), and the relevant currency to use when paying a fee 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 16636).
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 14/006, commences on 1 July 2014.
Overview
The Migration Regulations 1994 were enacted to regulate the administration of Australia's migration laws, and this particular instrument was introduced to clarify and update the process for the payment of fees associated with visa applications for entry into Australia. The instrument, F2014L00646, was made under the authority of the Migration Act 1958 and specifically addresses the issue of where and how visa application fees should be paid when applying from a foreign country. It revokes the earlier instrument, IMMI 13/127, to streamline and modernise the fee payment procedures. The policy objective is to ensure clarity and consistency in the payment of fees, thereby facilitating a smoother application process for prospective migrants. The instrument is of a minor nature and exempt from disallowance, indicating its role in refining existing arrangements rather than introducing substantial changes.
Scope and Application
The Instrument F2014L00646, made under the Migration Regulations 1994, specifies the locations and currencies for the payment of fees related to visa applications for entry into Australia. This regulation applies to individuals who are seeking to apply for a visa from a foreign country and must ensure their fee payments are made in the prescribed places and currencies. The places include Australia or any foreign country specified by a Gazette Notice, while the currencies are those specified by a Gazette Notice as acceptable for fee payment in those places. This regulation effectively revokes the previous Instrument IMMI 13/127, ensuring that there is a current and specific set of guidelines for fee payments under the Migration Regulations. Given that the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements, it is exempt from disallowance and does not require a Human Rights Statement of Compatibility. The Instrument came into effect on 1 July 2014.
Key Provisions
The key provisions of the Migration Regulations 1994, as amended by this Instrument (F2014L00646), are found in subregulation 5.36(1). This subregulation outlines the requirements for the payment of fees for visa applications to enter Australia, excluding the visa application charge specified in subregulation (3A). Specifically, subregulation 5.36(1)(a) mandates that fees must be paid in a location specified by a Gazette Notice, which can be either Australia or a foreign country. Additionally, subregulation 5.36(1)(b) stipulates that fees must be paid in a currency that is designated by a Gazette Notice as acceptable in the specified location.
The obligations imposed by this Instrument on parties or entities are clear and straightforward. Any individual or entity seeking to apply for a visa to enter Australia must ensure that their fee payment is made in the specified place and currency as outlined by the Gazette Notice. This requirement applies irrespective of whether the application is being made within Australia or from a foreign country. The necessity for compliance with these provisions ensures that there is a uniform and regulated method for processing fee payments across different jurisdictions.
In terms of consequences for non-compliance, the Instrument does not explicitly detail offences, penalties, or specific civil or criminal consequences for failing to adhere to the specified fee payment requirements. However, given the regulatory nature of the Migration Regulations 1994, it is reasonable to infer that non-compliance could lead to administrative consequences such as delays in visa processing or the rejection of an application. The precise penalties or consequences would likely be determined by the Department of Home Affairs in accordance with the overarching legislative framework governing migration matters in Australia.