EXPLANATORY STATEMENT

Migration Regulations 1994

TYPES OF FEES OR CHARGES

(Paragraph 5.41A(1)(b))

1. This Instrument is made under paragraph 5.41A(1)(b) of the Migration Regulations 1994 (the Regulations).
2. The purpose of the instrument is to ensure that the credit card surcharge applies to payments of fees and charges paid by credit card.
3. The instrument operates to specify that a credit card surcharge is payable for payments made in relation to nomination applications, sponsorship applications, visa evidence charge labels and visa application charges where these payments are paid by credit card.

4. Under subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

5. Consultation was undertaken before the Instrument was made with the Department of Foreign Affairs and Trade, the Department of Finance, the Migration Institute of Australia and the Law Council of Australia

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17046).

7. Under subsection 44(2) item 26 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 commences on 1 July 2014, immediately after the commencement of Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014.