Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) Statutory Rules No. 117 of 1986 were enacted to address a disparity in fees charged for multiple applications under the Migration Act 1958. The objective of these regulations was to ensure consistency in the fee structure for applications lodged by employers, aligning the fee for ten or more applications with the fee for a single application. This amendment was issued by the authority of the Minister for Immigration and Ethnic Affairs, aiming to rectify the imbalance that had existed for the past two years where the fee for a single application had increased but the fee for multiple applications had remained unchanged. These regulations, taking effect from 1 June 1986, specifically altered sub-regulation 29AA(4) of the Migration Regulations by increasing the fee from $1,250 to $1,450 for employers lodging ten or more applications for unconditional entry permits. This change was made to maintain fairness and proportionality in the regulatory framework governing migration application fees.

Scope and Application

The amending regulations, as outlined in Statutory Rules No. 117 of 1986, pertain to the Migration Regulations and were issued under the authority of the Minister for Immigration and Ethnic Affairs. These regulations specifically address the fees associated with applications for entry permits under section 67 of the Migration Act 1958. The amendments focus on aligning the fees charged for multiple applications with those charged for a single application, ensuring consistency in the fee structure. The application of these regulations is broad, affecting intending employers who submit applications for entry permits on behalf of prospective employees, particularly in the context of employment-related migration. The amendments apply across the Commonwealth of Australia, as the Migration Act is a federal law. There are no stated exclusions or exemptions within the scope of these particular regulations, although other provisions of the Act may provide for specific exclusions based on different criteria. The application of these regulations may be further extended or restricted through subordinate instruments, which are consistent with the overarching Migration Act.

Key Provisions

The main operative sections of the amending regulations (C2004L05161) pertain to the Migration Regulations under the Migration Act 1958. Specifically, Regulation 2 amends sub-regulation 29AA(4) to adjust the fee payable by intending employers for lodging ten or more applications for unconditional entry permits. Prior to the amendment, the fee for ten or more applications was $1,250, whereas the fee for a single application was $1,450. The amendment brings the fee for multiple applications into alignment with that of a single application, setting it at $1,450. Regulation 1 stipulates that these amendments will come into effect on 1 June 1986. These regulations impose specific obligations on intending employers who lodge multiple applications for entry permits on behalf of prospective employees. Essentially, they are required to pay a fee of $1,450 for each batch of ten or more applications they submit. This aligns the fee structure with that of single applications, ensuring a consistent and fair fee for all employers regardless of the number of applications they lodge. The regulation is clear in its intent to standardize the fee for multiple applications, thereby preventing any perceived disparity in the cost associated with submitting different quantities of applications. Failure to comply with these fee requirements could result in penalties or other consequences, although the specific civil or criminal ramifications are not detailed within the explanatory statement. Typically, under the Migration Act 1958, non-compliance with fee regulations could lead to administrative penalties or even the revocation of the employer's ability to sponsor future applicants. The exact nature of these consequences would be governed by the broader provisions of the Act, which may include fines, legal action, or other corrective measures. In terms of penalties, the explanatory statement does not provide explicit details about the maximum penalties for breaches. However, under Australian law, penalties for non-compliance with migration regulations can vary widely. They could range from fines to more severe sanctions, depending on the severity and intent behind the breach. The absence of specific penalty details in the explanatory statement suggests that the penalties would be aligned with the general provisions of the Migration Act 1958 and related regulations, which may involve substantial financial penalties or legal actions.