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 14/006 (F2014L00646) made on 26 May 2014.
2. 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.
3. 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.
4. The instrument has been updated to include the Nigerian Naira as an acceptable currency for Nigeria.
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 17737).
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 14/102, commences on 3 November 2014.
Overview
The F2014L01413 Instrument, made under the Migration Regulations 1994, addresses the problem of specifying the places and currencies for fee payments related to visa applications for entry into Australia. Enacted by the Australian government, this legislative instrument aims to streamline the process of fee payments for individuals applying for visas from foreign countries. It revokes the previous Instrument IMMI 14/006 and updates it to include the Nigerian Naira as an acceptable currency for payments originating from Nigeria. This change facilitates the payment process for applicants from that country, ensuring they have a recognised method of fee payment. The Instrument operates by detailing the specific locations and currencies for fee payments, thereby providing clarity and consistency in the application process. The enactment does not require consultation as it is of a minor nature and does not substantially alter existing arrangements, as advised by the Office of Best Practice Regulation.
Scope and Application
The Instrument IMMI 14/102 under the Migration Regulations 1994 serves to specify the locations and currencies acceptable for the payment of fees associated with visa applications for entry into Australia when the application is made from a foreign country. This regulation applies to individuals or entities submitting visa applications from outside Australia and mandates the use of specified currencies in designated locations for fee payments. The specified currencies and locations are updated to ensure the inclusion of the Nigerian Naira for applications originating from Nigeria. The Instrument does not require consultation as it is classified as a minor or machinery nature under section 18(1) of the Legislative Instruments Act 2003, thus not substantially altering existing arrangements. Furthermore, it is exempt from disallowance under section 44 of the same Act, hence no Regulatory Impact Statement or Human Rights Statement of Compatibility is required. This Instrument, effective from 3 November 2014, ensures that the application process for Australian visas maintains clarity and consistency in fee payment requirements for applicants from abroad.
Key Provisions
The key sections of this Instrument (IMMI 14/102) pertain to the places and currencies for paying fees related to visa applications for entering Australia. Specifically, this legislation operates under the Migration Regulations 1994, and it updates the permissible locations and currencies for fee payments when applying for visas from abroad (section 2). Notably, it mandates that fees can be paid either in Australia or in a foreign country, with the latter including Nigeria, where the Nigerian Naira is now accepted as a valid currency for payments (section 3). The changes aim to facilitate easier payment processes for applicants in foreign countries.
The obligations imposed by this Instrument are primarily on visa applicants and the Department of Immigration and Border Protection. Visa applicants are required to adhere to the specified places and currencies for fee payments as outlined in the regulations. The Department, on the other hand, must ensure that the systems and processes in place accommodate these payment methods and locations. This includes updating relevant forms and payment instructions to reflect the new provisions, thereby ensuring a smooth and compliant application process.
In terms of consequences for non-compliance, the Instrument does not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches of its provisions. However, any failure to comply with the specified payment instructions could potentially result in delays or rejections of visa applications. Such non-compliance might also lead to administrative actions or penalties under the broader Migration Act 1958 or related regulations, although the exact nature and severity of these penalties would depend on the specific circumstances and any additional relevant legislation. It is crucial for applicants to follow the prescribed payment methods to avoid such complications.