Migration (Visa Application) Charge Amendment Act 2003
No. 6, 2003
An Act to amend the Migration (Visa Application) Charge Act 1997, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Migration (Visa Application) Charge Act 1997
Migration (Visa Application) Charge Amendment Act 2003
No. 6, 2003
An Act to amend the Migration (Visa Application) Charge Act 1997, and for related purposes
[Assented to 19 March 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration (Visa Application) Charge Amendment Act 2003.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Migration (Visa Application) Charge Act 1997
1 After section 3
Insert:
3A Definitions
In this Act, unless the contrary intention appears:
contributory parent visa means a permanent or temporary visa included in a class of visas under regulations made under the Migration Act 1958, being a class that has the words “contributory parent” or “contributory aged parent” in its title.
Contributory Parent Visa Composite Index means the Contributory Parent Visa Composite Index, expressed as a percentage, published by the Australian Government Actuary for a financial year.
2 At the end of subsection 5(1)
Add “, unless the visa application is for a contributory parent visa”.
Note: The heading to section 5 is altered by adding “—most visas” at the end.
3 At the end of the Act
Add:
6 The visa application charge limit—contributory parent visas
Financial year beginning 1 July 2002
(1) The charge limit in relation to a visa application for a contributory parent visa made during the financial year beginning on 1 July 2002 is $26,745.
Later financial years
(2) The charge limit for a later financial year is the amount worked out under subsection (3) or (5), depending on the amount of the Contributory Parent Visa Composite Index for the later financial year.
Contributory Parent Visa Composite Index more than zero
(3) If the Contributory Parent Visa Composite Index for the later financial year is more than zero, the charge limit for that financial year is the amount worked out using the following formula, then rounded under subsection (4):
where:
previous charge limit means the charge limit for the financial year before the later financial year.
(4) If an amount worked out under the formula in subsection (3) is not a multiple of $5, the amount is to be rounded as follows:
(a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more—round the amount up to the nearest higher multiple of $5;
(b) in any other case—round the amount down to the nearest lower multiple of $5.
Contributory Parent Visa Composite Index zero or less
(5) If the Contributory Parent Visa Composite Index for the later financial year is zero or less, the charge limit for the later financial year is the same as the charge limit for the financial year before the later financial year.
[Minister’s second reading speech made in—
House of Representatives on 5 December 2002
Senate on 3 March 2003]
Overview
The Migration (Visa Application) Charge Amendment Act 2003 was enacted by the Parliament of Australia to address the need for adjustments to the charge limits applicable to visa applications, specifically targeting the contributory parent visas. The Act amends the Migration (Visa Application) Charge Act 1997 to introduce a new definition for "contributory parent visa" and establishes a new charge limit for these specific visas. This amendment reflects a policy objective to ensure that the charge limits for contributory parent visas are dynamically adjusted based on the Contributory Parent Visa Composite Index, thereby providing a more responsive and equitable system. The Act's provisions are designed to maintain fairness and efficiency in the processing of visa applications while accommodating the evolving nature of migration trends and economic factors.
Scope and Application
The Migration (Visa Application) Charge Amendment Act 2003 is a Commonwealth Act that amends the Migration (Visa Application) Charge Act 1997, and applies to visa applicants in Australia. This Act specifically addresses the charge limits for visa applications, introducing new provisions for contributory parent visas. It applies to all individuals who submit a visa application for a contributory parent visa, which includes both permanent and temporary visas under the Migration Act 1958. The Act sets out specific charge limits based on the Contributory Parent Visa Composite Index, adjusting these limits annually based on the Index. The Act's provisions are effective from the day after it receives Royal Assent, and subordinate instruments may be used to further detail the application and enforcement of these charge limits. The Act does not explicitly state any exclusions or exemptions but implicitly excludes visa applications not related to contributory parent visas from the new charge limit provisions.
Key Provisions
The Migration (Visa Application) Charge Amendment Act 2003 (sections 3A, 5, and 6) amends the Migration (Visa Application) Charge Act 1997 to introduce new definitions and alter charge limits for visa applications. Specifically, section 3A introduces the definitions of 'contributory parent visa' and 'Contributory Parent Visa Composite Index', which are critical for understanding the applicability of the charge limits. Section 5 modifies the existing charge structure by adding an exception for contributory parent visas, ensuring that these do not fall under the general charge limit stipulated in subsection 5(1). Section 6 sets out the specific charge limits for contributory parent visas, distinguishing between the financial year beginning 1 July 2002 and subsequent years, and detailing a formula for calculating charge limits based on the Contributory Parent Visa Composite Index.
The Act imposes specific obligations on applicants for contributory parent visas, including adherence to the defined charge limits and the requirement to pay the applicable visa application charge. It also mandates the rounding of charge amounts as per the rules outlined in subsection 6(4). The Australian Government Actuary is responsible for publishing the Contributory Parent Visa Composite Index, which is integral to calculating the charge limits for later financial years.
Breach of the provisions regarding visa application charges may result in penalties. The Act, however, does not explicitly state the specific penalties or consequences for non-compliance. Generally, failure to pay the required visa application charge could lead to refusal of the visa application or other administrative consequences as stipulated in the Migration Act 1958. It is important for applicants to ensure they meet all charge requirements to avoid any potential legal or administrative issues.