EXPLANATORY STATEMENT
STATUTORY RULES NO 313 OF 1987
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”) insofar as is relevant, prescribes that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, including regulations making provision for and in relation to the charging and recovery of different fees in respect of different classes of visas.
Regulation 29A of the Migration Regulations (“the Regulations”) prescribes the fee payable on lodging an application for the grant of a further temporary entry permit other than a conditional temporary entry permit, and the fee payable for the grant of a further entry permit, other than a temporary entry permit, in respect of an application for the grant of resident status.
An amendment was required to remove an anomaly in regulation 29A which only refers to fees payable on an application for a further entry permit. Applications are received from persons who do not hold an entry permit (for example stowaways) and thus they are not applying for the grant of a further entry permit. Consequentially, no fee is payable.”
The regulations also amended regulation 29AB to provide a new $1000 visa fee where an application is made by a person for a non citizen conditional entry visa or a non citizen permanent entry visa on certain prescribed conditions. These conditions are limited to persons who have entered into a business partnership or joint venture partnership, to be conducted in Australia, as evidenced in writing, or by a person who intends to transfer or bring into Australia assets for the purpose of a business enterprise an amount of not less than $500,000.
Details of the regulations are as follows:
• Regulation 1 provides that this amendment came into operation on 1 January 1988
• Regulation 2 defines the “Principal Regulations” to mean the Migration Regulations
• Regulation 3 amended regulation 29A to provide that where a person lodges an application for a prescribed temporary entry permit or for an entry permit other than a temporary entry permit, the fee payable on lodging the application is $50 or $300 respectively.
• Regulation 4 amended regulation 29AB to provide that where a person applies for a non citizen conditional entry visa, or a non citizen entry visa and provides in relation to that application, evidence in writing that he/she has either entered into a business partnership or joint venture partnership to be conducted in Australia or intends to bring assets of not less than $500,000 into Australia for the purposes of a business enterprise, the fee payable in respect of the application, is $1000.