EXPLANATORY STATEMENT
Migration Regulations 1994
PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES AMENDMENT INSTRUMENT
(PARAGRAPH 5.36(1A)(a))
- This Instrument is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (the Regulations). This Amendment Instrument amends instrument IMMI 10/020 which was signed on 1 June 2010 and registered on the Federal Register of Legislative Instruments (FRLI reference F2010L01416). The instrument signed on 1 June 2010 and registered on the FRLI on 4 June 2010 specifies the amounts in foreign currencies that correspond to the amounts payable for a visa application charge or fee in Australian dollars.
2. After the original instrument was made and registered on the Federal Register of Legislative Instruments, but before it commenced, it was found to contain an error. The specified amounts in foreign currencies that correspond with the amount of AUD $2,850.00 were incorrect.
3. The purpose of this Amendment Instrument is to amend that error. This amendment will be made to the original instrument IMMI 10/020 before it commences on 1 July 2010.
4. Consultation was not necessary as the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
5. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business, with low other impacts on business and individuals or the economy.
6. This Amendment Instrument, IMMI 10/020, commences on the day after registration on the Federal Register of Legislative Instruments.
Overview
The Payment of Visa Application Charges and Fees in Foreign Currencies Amendment Instrument (No. 1) 2010 was enacted to address a specific error in the previously established Migration Regulations 1994. This amendment was introduced to correct the miscalculation of visa application fees in certain foreign currencies, specifically rectifying the amounts corresponding to AUD $2,850.00. The enacting body for this amendment was the Australian Government, acting under the authority granted by the Migration Act 1958. The policy objective of this amendment was to ensure accuracy and fairness in the application and payment of visa fees by international applicants, thereby maintaining the integrity of the migration process. The amendment was deemed minor and did not require extensive consultation as it did not significantly alter existing regulatory arrangements. The instrument was registered on the Federal Register of Legislative Instruments and commenced on the day following its registration.
Scope and Application
The Payment of Visa Application Charges and Fees in Foreign Currencies Amendment Instrument, as described in the Explanatory Statement, is an amendment to the Migration Regulations 1994. It corrects an error in the previously issued instrument IMMI 10/020, which mistakenly specified incorrect amounts in foreign currencies corresponding to an Australian dollar amount of $2,850.00. This Amendment Instrument is applicable to all individuals and entities seeking to make visa application charges and fees in foreign currencies under the Migration Regulations 1994. The correction is necessary to ensure accuracy and consistency in the charges and fees required, which applies across all jurisdictions in Australia as it is a Commonwealth instrument. The amendment is considered minor, with no substantial changes to existing arrangements and minimal impact on businesses or individuals. The amendment will take effect from the day after its registration on the Federal Register of Legislative Instruments, ensuring that the corrected information is implemented without delay.
Key Provisions
The main operative sections of this Amendment Instrument concern the correction of an error identified in the original instrument IMMI 10/020 (paragraph 2). This error involved the incorrect specification of amounts in foreign currencies corresponding to an Australian dollar amount of $2,850.00. The Amendment Instrument is intended to rectify this error before the original instrument commences on 1 July 2010 (paragraph 3). The amendment itself is straightforward, focusing solely on the correction of the currency amounts specified in the original instrument.
The obligations and requirements imposed by this Amendment Instrument are primarily administrative. It mandates that the error in the original instrument be corrected before the commencement date. This involves ensuring that the amounts in foreign currencies correctly correspond to the Australian dollar amounts specified. The instrument also ensures compliance with the Migration Regulations 1994 by maintaining the integrity of the specified visa application charges and fees.
Breaching the provisions of this Amendment Instrument could lead to various consequences. Although the explanatory statement does not explicitly outline specific offences or penalties, non-compliance with the corrected currency amounts could potentially lead to errors in the payment of visa application charges and fees. Such errors might result in delays or complications in visa processing, but the explanatory statement does not specify any formal penalties for such breaches. The instrument, however, is designed to ensure that the specified amounts are accurate and compliant with the Migration Regulations 1994, thereby avoiding potential administrative issues.
Overall, the Amendment Instrument serves a corrective purpose, ensuring that the specified amounts in foreign currencies are accurate and correctly correspond to the Australian dollar amounts. By doing so, it upholds the integrity of the visa application process and ensures compliance with the Migration Regulations 1994.