EXPLANATORY STATEMENT
STATUTORY RULES NO. 244
MIGRATION REGULATIONS (AMENDMENT)
(Issued by the authority of the Minister for
Immigration and Ethnic Affairs)
Section 67 of the Migration Act 1958 empowers the Governor-General to make regulations, inter alia, providing for or in relation to the charging of fees in respect of applications for entry permits and providing for exempting persons from the payment of such fees.
The regulations introduce a new fee on the lodgement of an application for the grant of an unconditional temporary entry permit, that is, an entry permit authorizing work. In addition, various exemptions from fees have been provided and anomalies removed. For example, there is an exemption from the fee payable on the lodgement of any application for the grant of a further temporary entry permit where a person’s application for the grant of an entry permit giving permanent residence is under consideration; however the fee in respect of the latter application has been increased.
Regulation 1 defines “Principal Regulations” to mean the Migration Regulations.
Before the amendment of sub-regulation 29A(1) of the Migration Regulations a fee of $30 was payable on the lodgement of an application for the grant of a further temporary entry permit. A fee of $125 was payable for the lodgement of an application for the grant of a further entry permit, other than a temporary entry permit, where the application was lodged by virtue of the applicant being a person who was the holder of a temporary entry permit which was in force; was authorised to work in Australia; and was
not a prescribed immigrant. A fee of $50 was payable in any other case on the lodgement of an application for the grant of a further entry permit other than a temporary entry permit.
Regulation 2(a) omits sub-regulation 29A(1) and substitutes provision in sub-regulation 29A(1)(a) for a fee of $30 to be payable on the lodgement of an application for the grant of a further temporary entry permit, other than a temporary entry permit which is granted unconditionally or subject to conditions other than work restrictions.
Regulation 2(a) also increases the fee payable from $125 to $155 on the lodgement of an application for the grant of a
further entry permit, other than a temporary entry permit (in respect of an application lodged by virtue of the applicant being a person who was the holder of a temporary entry permit which was in force; was authorised to work in Australia; and was not a prescribed immigrant). In all other cases (except in respect of an application lodged by virtue of the applicant being the holder of a temporary entry permit and the Minister has determined that he has the status of refugee, where the fee remains at $50) the fee of $50 was increased to $80 by regulation 2(a) on the lodgement
of an application for the grant of a further entry permit other than a temporary entry permit.
Regulation 2(b) inserts new sub-regulation 29A(2A) to provide an exemption from the fee payable in respect of the lodgement of an application for the grant of a further temporary entry permit where a temporary entry permit has been granted to a person and the person has applied for the grant of a further entry permit, other than a temporary entry permit which has neither, been granted nor refused.
Regulation 2(b) also inserts new sub-regulation 29A(2B) to provide an exemption from the fee payable in respect of the lodgement of an application for the grant of a further temporary entry permit where a person has paid the fee payable in respect of an application for the grant of a further temporary entry permit; the grant of a further temporary entry permit has been refused and the decision to refuse the grant of the further temporary entry permit is being reconsidered.
Regulation 2(b) also inserts new sub-regulation 29A(2C) to provide an exemption from the fee payable in respect of the lodgement of an application for the grant of a further entry permit, other than a further temporary entry permit, where a person was the holder of an entry permit, other than a temporary entry permit, immediately prior to his departure from Australia; the person was issued outside Australia with a visa that enabled the person to travel to Australia and the person was issued on arrival in Australia with a temporary entry permit.
Regulation 3 inserts after regulation 29A new regulation 29AA to provide for a fee to be payable on the lodgement of
an application for an unconditional temporary entry permit.
Regulation 3 provides in new sub-regulation 29AA(1) for a definition of a “conditional temporary entry permit” and an “unconditional temporary entry permit”.
Regulation 3 provides in new sub-regulation 29AA(2) for a fee of $125 to be payable on the lodgement of an application for an unconditional temporary entry permit being an application lodged on behalf of a person by another person who proposes to employ the firstmentioned person.
Regulation 3 provides in new sub-regulation 29AA(3) for a fee of $50 to be payable on the lodgement, by the holder of
a conditional temporary entry permit, of an application for an unconditional temporary entry permit.
Regulation 3 provides in new sub-regulation 29AA(4) for fees aggregating no more than $1250 to be payable where 10 or more applications for unconditional temporary entry permits are lodged at the same time by the person who proposes to employ the persons on whose behalf the applications are lodged.
Regulation 3 provides in new sub-regulations 29AA(5) and (6) for an exemption from the fee payable on the lodgement of an application for an unconditional temporary entry permit in respect of certain persons.
Regulation 3 provides in new sub-regulation 29AA(7) for an exemption from the fee payable on an application, which is made by the holder of a conditional temporary entry permit, for an unconditional temporary entry permit where that person has made a claim for refugee status and that claim is being considered by the Minister.
Regulation 3 provides in new sub-regulation 29AA(8) for an application lodged, by the holder of a conditional temporary
entry permit, for an unconditional temporary entry permit to be in accordance with a form approved by the Secretary.
Regulation 4 inserts after regulation 29C an exemption for certain persons from the fee payable in respect of the lodgement of an application for the grant of a further entry permit, other than a temporary entry permit.
Regulation 5 provides for the abovementioned amendments to apply to and in relation to applications lodged on or after 1 November 1983.