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 is 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 paid in Iranian Rial 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 the Iranian Rial, into amounts payable for fees, in Australian dollars. Fee means an instalment of visa application charge or an amount of visa evidence charge or a fee payable under the Regulations.
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 14363).
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 12/134, commences on 1 January 2013.
Overview
The Migration Regulations 1994, as amended by the legislative instrument F2012L02580, was enacted to address the need for a clear and specific conversion rate for visa application charges paid in foreign currencies, specifically the Iranian Rial. This regulation was introduced to ensure consistency and clarity in the application process for those seeking to enter Australia. The objective of this legislative instrument is to specify the conversion rates for fees paid in Iranian Rial to Australian dollars, thereby facilitating a straightforward process for applicants and maintaining uniformity in the payment of visa application charges. The instrument was enacted by the Australian government and operates under the framework provided by the Legislative Instruments Act 2003, ensuring it is of a minor or machinery nature and does not substantially alter existing arrangements.
Scope and Application
The explanatory statement for the Instrument outlines its scope and application in relation to the Migration Regulations 1994, specifically targeting the payment of visa application charges in foreign currencies. This Instrument applies to individuals who are required to pay visa application charges in Iranian Rial when applying for a visa to enter Australia. It operates by specifying the conversion rate of Iranian Rial into Australian dollars for these charges, ensuring that applicants are aware of the exact amount required for their visa applications. The Instrument is made under paragraph 5.36(1A)(a) of the Regulations and aims to provide clarity on the payment of fees in a foreign currency, thereby facilitating compliance for applicants from Iran. The Instrument applies nationally, as it pertains to the Commonwealth's regulations on migration and visa applications. There are no exclusions or exemptions mentioned within the provided text, and the Instrument is exempt from disallowance, indicating its legal robustness and the absence of human rights compatibility concerns as assessed by the Office of Best Practice Regulation.
Key Provisions
The primary operative sections of the instrument revolve around paragraph 5.36(1A)(a) of the Migration Regulations 1994, which allows for the specification of amounts in foreign currencies for visa application charges. This means that when a visa application charge is to be paid in a foreign currency, such as the Iranian Rial, the amount to be paid is specified by a Gazette Notice corresponding to the Australian dollar value of the fee (paragraph 5.36(1A)(a)). The purpose of this instrument is to provide clarity on the conversion rates from Iranian Rial to Australian dollars for these visa application charges (paragraph 3).
The obligations imposed by this instrument on the parties or entities it governs are straightforward. Applicants who are paying their visa application charges in Iranian Rial must ensure they pay the exact amount specified by the Gazette Notice, which corresponds to the Australian dollar value of the fee. This requirement ensures that applicants meet the financial obligations set out by the Migration Regulations 1994 without ambiguity regarding currency conversion. The instrument operates by specifying the conversion rates, thereby providing a clear framework for compliance (paragraph 4).
Regarding the consequences of non-compliance, the explanatory statement clarifies that the instrument is of a minor or machinery nature and does not substantially alter existing arrangements, thus exempting it from the need for consultation under section 18(1) of the Legislative Instruments Act 2003 (paragraph 5). Additionally, since the instrument does not significantly impact existing regulations, a Regulatory Impact Statement is not required, as confirmed by the Office of Best Practice Regulation (paragraph 6). The instrument is also exempt from disallowance under section 44 of the Legislative Instruments Act 2003, which means it does not require a Human Rights Statement of Compatibility (paragraph 7). The instrument, IMMI 12/134, commences on 1 January 2013, and it is expected that applicants adhere to the specified conversion rates to avoid any issues with their visa applications (paragraph 8).