Overview

The Migration Regulations 1994, amended by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulations 2014, address the issue of credit card surcharges on migration-related payments. The objective of these regulations is to ensure that a surcharge is applied to all fees and charges paid by credit card, specifically for nomination applications, sponsorship applications, visa evidence charge labels, and visa application charges. The regulations were enacted by the Australian Parliament and are intended to maintain the integrity and efficiency of the payment system by discouraging the use of credit cards for these transactions. The regulations are designed to be minor and procedural, with no substantial changes to existing arrangements, thus exempting them from the need for disallowance and a Regulatory Impact Statement. This measure was implemented to streamline the payment process and reduce administrative costs associated with credit card transactions.

Scope and Application

The instrument made under paragraph 5.41A(1)(b) of the Migration Regulations 1994 applies to the payment of fees and charges associated with nomination applications, sponsorship applications, visa evidence charge labels, and visa application charges, specifically mandating that a credit card surcharge is payable when these payments are made using a credit card. This applies to individuals and entities seeking to make payments through credit cards for specified migration-related applications and charges. The instrument has a national jurisdictional reach, as it pertains to the administration of Commonwealth immigration law. There are no stated exclusions or exemptions in the instrument, and it does not set specific thresholds beyond the outlined types of fees and charges. The instrument does not substantially alter existing arrangements but ensures compliance with the new credit card surcharge requirements. It is exempt from disallowance and does not require a Human Rights Statement of Compatibility, coming into effect on 1 July 2014.

Key Provisions

The primary focus of this legislation is to implement a credit card surcharge for specific payments made under the Migration Regulations 1994 (paragraph 5.41A(1)(b)). This means that if applicants are paying for certain migration-related fees or charges by credit card, they will be subject to an additional surcharge. The types of payments affected include nomination applications, sponsorship applications, visa evidence charge labels, and visa application charges (subsection 18(1)). This is a minor adjustment that does not significantly alter existing arrangements, which is why consultation was not mandated under the Legislative Instruments Act 2003. However, consultation was conducted with relevant departments and organisations such as the Department of Foreign Affairs and Trade, the Department of Finance, the Migration Institute of Australia, and the Law Council of Australia. The obligations imposed by this instrument are straightforward: any applicant making a payment via credit card for the specified fees or charges will incur an additional surcharge. This is designed to streamline and standardise the fee collection process for migration-related applications. The instrument operates to ensure that the surcharge is applied uniformly across all specified categories of payments, thereby maintaining consistency in how fees are collected. It is also noteworthy that the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required, as indicated by OBPR Reference 17046. The consequences of breaching the provisions of this instrument are not explicitly detailed in the explanatory statement, but it is understood that failing to comply with the surcharge requirements could lead to complications in the processing of applications. Given the nature of the changes, which are minor and procedural, severe penalties are unlikely. However, any non-compliance might result in delays or administrative penalties imposed by the relevant authorities to ensure adherence to the new payment requirements. The instrument exempts itself from disallowance, as per subsection 44(2) item 26 of the Legislative Instruments Act 2003, which means that a Human Rights Statement of Compatibility is not required. The instrument took effect on 1 July 2014, aligning with the commencement of the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014.