EXPLANATORY STATEMENT
STATUTORY RULES NO. 202 of 1988
Migration Regulations (Amendment)
Issued by the authority of the Minister for Immigration, Local Government and Ethnic Affairs
Section 67 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subparagraph 67(1)(a)(1) specifically provides for the making of regulations concerning the making provision for, and in relation to, the charging and recovery of fees in respect of applications for entry permits or visas.
These regulations amended regulations 29A and 29AB of the Migration Regulations to:
1. increase the fee payable on lodgement of an application for change of status from temporary entry permit holder to the holder of an entry permit in paragraph 29A(1)(b);
2. update paragraph 29A(1)(a) to reflect new drafting styles; and
3. replace the current two tier fee in regulation 29AB for a non-citizen conditional entry visa or non-citizen entry visa with a single fee, payable on lodgement of the application.
Details of the regulations are as follows:
• Regulation 1 provides that the amendments to regulation 29A commenced on 1 September 1988 and the amendments to regulation 29AB commenced on 24 August 1988.
• Regulation 2 provides for the increase of the fee on lodgement of an application for change of status from temporary entry permit holder to the holder of an entry permit in paragraph 29A(1)(b) from $300 to $315 and replaces the “-” in paragraph 29A(1)(a) with a “,”.
• Regulation 3 substitutes a new subregulation 29AB(2) to provide for a $200 fee payable on lodging an application for a non-citizen conditional entry visa or a non-citizen entry visa, and repeals subregulations 29AB(3) and (4) because they are unnecessary.
• Regulation 4 is a transitional provision which provides that persons who at the time of the commencement of the amendments to regulation 29AB have paid the first tier of the fee for a non-citizen conditional entry visa or non-citizen entry visa, but not the second are not required to pay the new fee.
Overview
The Migration Regulations (Amendment) Statutory Rules 202 of 1988, enacted by the Minister for Immigration, Local Government and Ethnic Affairs, were introduced to address the need to update and refine the fee structure for various visa applications under the Migration Act 1958. This legislative amendment aimed to streamline the fee process and ensure consistency with modern drafting practices, while also addressing practical aspects of fee collection. The policy objective was to maintain the integrity and efficiency of the visa application process by ensuring fees are fair, reflective of the administrative costs, and easily understood by applicants.
These regulations amended regulations 29A and 29AB of the Migration Regulations to increase the fee for changing status from a temporary entry permit holder to an entry permit holder, update the drafting style of fee provisions, and simplify the fee structure for non-citizen conditional entry visas or non-citizen entry visas from a two-tier to a single-tier fee. The changes were designed to be implemented smoothly, with transitional provisions to protect those who had already paid part of the old fee structure from having to pay additional amounts under the new regime.
Scope and Application
The Migration Regulations (Amendment) Statutory Rules No. 202 of 1988, made under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, modify specific provisions of the Migration Regulations 1994 concerning the fees for certain visa applications. These amendments apply to individuals and entities making applications for changes of status from temporary entry permit holders to entry permit holders, as well as those applying for non-citizen conditional entry visas or non-citizen entry visas. The changes include the adjustment of fees, the updating of drafting styles in certain regulations, and the consolidation of a two-tier fee structure into a single fee structure for specific visa applications. The amendments are effective as of 24 August 1988 for changes to the fee structure related to non-citizen conditional entry visas or non-citizen entry visas, and 1 September 1988 for changes to the fee related to applications for changes of status from temporary entry permit holders to entry permit holders. The changes are designed to streamline the fee payment process and ensure consistency in the application of charges related to visa applications under the Migration Act 1958.
Key Provisions
The key provisions of these amended Migration Regulations concern the fees payable for certain visa applications. Under regulation 2, the fee for changing status from a temporary entry permit to a different entry permit has increased from $300 to $315 (regulation 29A(1)(b)). Regulation 3 introduces a new single fee of $200 for non-citizen conditional entry visas and non-citizen entry visas, replacing the previous two-tier fee structure (regulation 29AB(2)). These amendments came into effect on 24 August 1988 for regulation 29AB and 1 September 1988 for regulation 29A. The changes also update the drafting style in regulation 29A(1)(a) by replacing a hyphen with a comma.
These amended regulations impose specific financial obligations on applicants for certain visas. Applicants must now pay a $315 fee when changing from a temporary entry permit to another type of entry permit (regulation 29A(1)(b)). For non-citizen conditional entry visas and non-citizen entry visas, applicants must pay a $200 fee upon lodging their application (regulation 29AB(2)). Additionally, the transitional provision in regulation 4 exempts certain applicants who have already paid the first tier of the previous two-tier fee structure from paying the new fee. These obligations ensure that applicants meet the financial requirements specified by the amended regulations.
Failure to comply with the fee requirements outlined in the amended regulations may have legal consequences. While the explanatory statement does not specify criminal or civil penalties, non-compliance with payment obligations could result in the refusal or delay of a visa application. Applicants must ensure they meet the financial requirements specified by the amended regulations to avoid such consequences. The transitional provision in regulation 4 ensures that certain applicants who have already paid part of the previous fee structure are not required to pay the new fee, thereby mitigating potential issues for those applicants.