EXPLANATORY STATEMENT
Migration Regulations 1994
(Subregulation 2.12C(5))
VISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE
- This Instrument is made under subregulation 2.12C(5) of the Migration Regulations 1994 (the Regulations).
2. Paragraph 2.12C(5)(a) of the Regulations provides that the subsequent temporary application charge is payable by an applicant for a visa if the visa is specified by the Minister in an instrument in writing.
3. The purpose of the Instrument is to specify the visas that will be liable for the subsequent temporary application charge and also to specify the visas that are required to be held or to have been previously held so that the visa applicant is liable to pay the subsequent temporary application charge.
4. The Instrument operates to require holders of a visa who apply for a subsequent temporary visa to pay a subsequent visa application charge where they lodge the application in Australia. This is a part of the Visa Pricing Transformation (VPT) project that arose from the review of Australia’s visa arrangements in 2011.
5. In relation to the VPT, the department, key government agencies and stakeholders have been consulted and briefed on the VPT implementation milestones to date and plans for future implementation initiatives. The key agencies include the Department of the Prime Minister and Cabinet, Treasury, the Department of Finance and Deregulation, the Department of Foreign Affairs and Trade, the Department of Human Services and the Commonwealth Ombudsman.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 14523).
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 13/068 commences on 1 July 2013, immediately after the commencement of the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013.