Overview

The Migration Regulations 1994, as amended by the legislative instrument F2009L02148, address the issue of determining the equivalent amounts in foreign currencies for the payment of visa application charges and fees in Australian dollars. Enacted under the authority of the Legislative Instruments Act 2003, this instrument was introduced to facilitate clarity and consistency for offshore clients of the Department of Immigration and Citizenship (DIAC) by specifying the corresponding amounts in local currencies for visa application charges when applying from outside Australia. The policy objective is to ensure that applicants from overseas are fully informed of the exact amounts required for their visa applications, thereby streamlining the application process and reducing potential confusion or errors due to currency conversion. This legislative instrument specifies the amounts in foreign currencies for the prescribed fees and charges, effective from 1 July 2009, without the need for extensive consultation as it primarily serves a procedural purpose without substantially altering existing arrangements.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2009L02148, govern the payment of visa application charges and fees in foreign currencies, particularly for individuals or entities applying for a visa to enter Australia from a location outside of Australia and its external territories. This particular instrument, made under paragraph 5.36(1A)(a) of the Regulations, serves to specify the equivalent amount in foreign currency that must be paid in lieu of the Australian dollar amount for visa application charges. It operates on a Commonwealth level, applying to all applicants for Australian visas who are located outside Australia, irrespective of the sovereignty of the country from which they are applying. The instrument is of a machinery nature, clarifying and updating the existing arrangements without substantially altering them, and thus did not require consultations as per section 18 of the Legislative Instruments Act 2003. The commencement date of this instrument is 1 July 2009, and it provides a definitive guide to offshore clients of the Department of Immigration and Citizenship (DIAC) regarding the exact amount they need to pay in their local currency when applying for a visa.

Key Provisions

The Migration Regulations 1994 (Regulations) under paragraph 5.36(1A)(a) specify the amount in foreign currencies that corresponds to the Australian dollar amount for payment of a fee or a visa (Paragraph 5.36(1A)(a)). This is done through the publication of a Gazette Notice (Paragraph 2). The purpose of this legislation is to inform clients of the Department of Immigration and Citizenship (DIAC) overseas of the amount they should pay in their local currency when applying for a visa to enter Australia from a country outside Australia and its external territories (Paragraph 3). Essentially, the Regulations provide a conversion rate from Australian dollars to various foreign currencies, ensuring that applicants know exactly how much they need to pay for visa application fees when applying from abroad (Paragraph 4). The Regulations impose specific obligations on applicants for Australian visas who are located outside Australia. They must pay the specified amount in their local currency as outlined in the Gazette Notice, which is determined by the conversion rate set by the Regulations (Paragraph 5.36(1A)(a)). This ensures that applicants are fully aware of the exact amount they need to remit to DIAC, thereby avoiding any discrepancies or misunderstandings regarding the required fees. Furthermore, the Regulations require that this information be clearly communicated to all offshore applicants, ensuring transparency and accessibility of the required information (Paragraph 3). Breaches of the provisions outlined in the Regulations may lead to various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the specified payment amounts could result in delays, denials, or other administrative penalties associated with visa applications. Given the regulatory nature of the instrument, any failure to adhere to the stipulated payment requirements could impact the processing of visa applications and potentially lead to additional administrative actions by DIAC to rectify any discrepancies. The exact nature and severity of the penalties would depend on the specific circumstances of the non-compliance and the subsequent actions taken by DIAC.