EXPLANATORY STATEMENT
Subject: MIGRATION ACT 1958
Migration Regulations (Amendment) 1989 No. 146
Section 181 of the Migration Act 1958 (the Act), so far as is relevant, provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, in particular making provision for and in relation to the charging and recovery of fees in respect of any matter under the Act or the Regulations.
This amendment to the Migration Regulations repealed and reinserted a number of clauses and a Schedule 8 to those Regulations in respect of fees. These clauses and that Schedule are identical to those concerning fees which were contained in the Migration (Criteria and General) Regulations previously made. Due, however, to the effect of the Migration Legislation Amendment (Consequential Amendments) Act 1989 on the Migration Legislation Amendment Act 1989, the power to make regulations concerning fees was not in existence at the time the Migration (Criteria and General) Regulations were made. That power now exists under the amended Act and therefore the Regulations concerning fees were made.
Clause 1 of this amendment provides that the ‘Principal Regulations’ shall be read as a reference to the Migration Regulations.
Clause 2 of this amendment repealed and reinserted Division 3 of Part 8 of the Migration Regulations. The explanatory notes concerning the Regulations contained in this Division are set forth below.
DIVISION 3 - FEES
Regulation 183 - Fees in respect of grant of visas and entry permits
This regulation prescribes the fees in relation to the grant of visas and entry permits by reference to Schedule 8. It also provides that in relation to an applicant for a student entry permit, the Minister may grant the entry permit where the fee is unpaid and the Minister is satisfied that the government of a country responsible for paying the fee will pay the fee.
Regulation 184 - Fee on application for permanent entry permit by holder of return visa
This regulation reflects the previous regulation 29A(2C) of the Migration Regulations to exempt from the payment of any fee a person who is a permanent resident but who on entry into Australia was granted a temporary entry permit, and who subsequently applies for a permanent entry permit.
Regulation 185 - Fee on application for temporary entry permit granted only in Australia
This regulation specifies the fees imposed in relation to regulations 120 to 125 inclusive.
Regulation 186 - Fee on application for certain entry permits
This regulation specifies the fees for the grant of certain permanent entry permits after entry. It distinguishes between the holder of an extended eligibility entry permit or Refugee A (restricted) visa/entry permit who applied for a permanent entry permit after entry, and any other person who so applies.
Regulation 187 - Fee on application for skilled occupation entry permit
This regulation specifies the fees payable for a skilled occupation entry permit, distinguishing between certain applicants.
Regulation 188 - Fee on application for confirmatory entry permit
This regulation specifies the fee payable for a confirmatory entry permit, distinguishing between certain applicants.
Regulation 189 - Fee on application for extended eligibility (economic) entry permit
This regulation specifies the fee payable for an extended eligibility (economic) entry permit, distinguishing between certain applicants.
Regulation 190 - Fee on application for return visa, Class B
This regulation specifies the fee payable for return visa, Class B distinguishing between applications made overseas and in Australia. In addition, no fee is payable where the applicant is the holder of a return endorsement or authority to return and who applies before 31 December 1989.
Regulation 191 - Fee on application for visa to enable re-entry to Australia
This regulation specifies the fee payable where regulation 115 applies.
Regulation 192 - Sponsorship fee
This regulation prescribes the fee payable where a sponsorship is made in respect of an application for a visa or temporary entry permit.
Regulation 194 - Fee for language test
This regulation prescribes the fee payable for a language test.
Regulation 195 - Refund of fees
This regulation specifies the circumstances in which a fee paid is refunded.
Regulation 196 - Fees transitional
This regulation exempts a person from the payment of a fee on applicant a visa or entry permit before 31 March 1990 where the applicant had previously made a request for reconsideration and such request was not determined before 19 December 1989.
Clause 3 of this amendment repealed and reinserted Schedule 8 to the Migration Regulations. That Schedule sets forth those fees on application for classes of visas and entry permits which may be set forth in schedule form.
The Regulation commenced on notification in the Commonwealth Gazette.
| Authority: | Section 181 of the Migration Act 1958 |