EXPLANATORY STATEMENT
Migration Regulations 1994
PAYMENT OF VISA APPLICATION CHARGES AND FEES IN FOREIGN CURRENCIES
(PARAGRAPH 5.36(1A)(a))
- This Instrument is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 5.36(1A)(a) of the Regulations provides that if the currency in which the amount is to be paid in a currency for which an amount corresponding to the amount of the fee in Australian dollars is specified for the purposes of this paragraph by Gazette Notice, in accordance with the amount specified in the Gazette Notice that corresponds to the amount of the fee in Australian dollars.
3. The purpose of the Instrument is to specify amounts in foreign currencies that should be paid in respect of a visa application charge when applying for a visa to enter Australia.
4. The Instrument operates to specify the conversion of foreign currencies, which correspond to the amounts payable for fees, into Australian dollars.
5. Consultation was not necessary 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 13232).
7. The Instrument, IMMI 11/056, commences on 1 January 2012.
Overview
The Migration Regulations 1994, as amended by the legislative instrument F2011L02587, was enacted to address the issue of facilitating payments for visa application charges in foreign currencies for applicants seeking to enter Australia. This legislative instrument was made under the authority of the Migration Regulations 1994 and is designed to provide clarity and consistency in the conversion of foreign currency payments into Australian dollars. The policy objective of this amendment is to ensure that applicants can easily understand and pay the required visa application charges in their native currency, thus streamlining the application process and reducing potential errors. The instrument specifies the conversion rates for various foreign currencies into Australian dollars, making it easier for applicants to meet their financial obligations without the need for consultation or the preparation of a Regulatory Impact Statement, given its minor nature. The changes introduced by this legislative instrument took effect from 1 January 2012.
Scope and Application
The Migration Regulations 1994, as amended by this Instrument, apply to individuals and entities seeking to pay visa application charges and fees in foreign currencies for visas to enter Australia. This regulation specifies the conversion of foreign currencies into Australian dollars for fee payments, ensuring a standardised approach to payment. The regulation has a national reach, applying across all states and territories of Australia. There are no stated exclusions or exemptions in this Instrument; it applies to all foreign currency payments for visa application charges and fees. The application of the regulation may be extended or restricted through subordinate instruments, which would provide further details on the conversion rates or specific currencies accepted. However, the current Instrument itself does not provide such extensions or restrictions, focusing instead on the conversion process as specified by Gazette Notice. This regulation was made under the authority of the Migration Regulations 1994 and does not require extensive consultation or a Regulatory Impact Statement, given its minor nature and alignment with existing arrangements.
Key Provisions
The main operative sections of this Instrument, as specified under the Migration Regulations 1994 (paragraph 5.36(1A)(a)), focus on the conversion of foreign currency payments for visa application charges into Australian dollars. This conversion is determined by Gazette Notice, which sets out the specific amounts in various foreign currencies that correspond to the fees payable in Australian dollars (section 2). The Instrument specifies these amounts to facilitate the payment of visa application charges by applicants who are using a currency other than Australian dollars (section 3).
The obligations imposed by this Act are primarily concerned with the conversion and payment of visa application charges in foreign currencies. Applicants for Australian visas who wish to pay their fees in a currency other than Australian dollars must adhere to the amounts specified in the Gazette Notice, ensuring that the equivalent value in Australian dollars matches the prescribed fees (section 2). This ensures that applicants are aware of the exact amounts they need to pay in their respective currencies to meet the requirements of the visa application process.
There are no explicit offences, penalties, or civil/criminal consequences detailed in this Instrument for non-compliance with the specified currency conversion rates. However, applicants who fail to pay the correct amount as specified in the Gazette Notice may face issues with the processing of their visa applications, potentially leading to delays or rejections. The Instrument itself does not provide for specific penalties, but the broader Migration Act 1958 may include provisions that apply in cases of non-compliance with visa application requirements. Applicants are encouraged to ensure they comply with all specified requirements to avoid any disruptions in their visa application process.