Migration (Visa Evidence) Charge Act 2012
No. 124, 2012
An Act to impose a charge in relation to requests for evidence of visas
Contents
1 Short title
2 Commencement
3 External Territories
4 Extra‑territorial operation
5 Definitions
6 Imposition of visa evidence charge
7 Visa evidence charge limit
Migration (Visa Evidence) Charge Act 2012
No. 124, 2012
An Act to impose a charge in relation to requests for evidence of visas
[Assented to 12 September 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration (Visa Evidence) Charge Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 12 September 2012 |
2. Sections 3 to 7 | A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 24 November 2012 (see F2012L02232) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 External Territories
This Act extends to an external Territory that is a prescribed Territory (within the meaning of subsection 7(1) of the Migration Act).
4 Extra‑territorial operation
Visa evidence charge is payable in relation to a request for evidence of a visa whether the request is made inside Australia or outside Australia.
5 Definitions
In this Act:
indexation factor has the meaning given by subsection 7(3).
Migration Act means the Migration Act 1958.
visa evidence charge limit for a visa evidence request has the meaning given by subsections 7(1) and (2).
visa evidence request means a request made under section 70 of the Migration Act.
6 Imposition of visa evidence charge
Visa evidence charge payable under section 71 of the Migration Act is imposed.
7 Visa evidence charge limit
(1) The visa evidence charge limit for a visa evidence request made in the financial year ending on 30 June 2013 is $250.
(2) The visa evidence charge limit for a visa evidence request made in a later financial year is the amount worked out by multiplying the limit for the immediately preceding financial year by the greater of 1 or the indexation factor.
Indexation factor
(3) The indexation factor is the number worked out using the following formula:
where:
CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.
(4) The indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
(5) In working out the indexation factor:
(a) use only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and
(b) disregard index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the reference base).
Rounding of limit
(6) If the amount worked out under subsection (2) 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) otherwise—round the amount down to the nearest lower multiple of $5.
[Minister’s second reading speech made in—
House of Representatives on 9 May 2012
Senate on 22 June 2012]
Overview
The Migration (Visa Evidence) Charge Act 2012 was enacted by the Parliament of Australia to address the need for a financial mechanism to manage the administrative costs associated with handling requests for evidence of visas. This Act was assented to on 12 September 2012, and it aims to impose a charge for such requests, thereby ensuring that the costs of processing these requests are adequately covered. The Act stipulates that the charge applies regardless of whether the request is made within Australia or outside its borders, extending its reach to external territories as defined in the Migration Act 1958. Additionally, it introduces a structured method for determining the charge limit, which is indexed annually based on the Consumer Price Index to account for inflation. The primary objective of this legislation is to provide a sustainable financial framework that supports the efficient management of visa-related documentation and evidence requests.
Scope and Application
The Migration (Visa Evidence) Charge Act 2012 applies to all visa evidence requests made under section 70 of the Migration Act 1958, which pertains to the gathering of evidence related to visa applications. The Act imposes a charge on these requests, which is payable irrespective of where the request is made, thereby extending its jurisdiction both within Australia and extra-territorially to prescribed external territories as defined under the Migration Act. The charge limit for a visa evidence request is set at $250 for the financial year ending on 30 June 2013 and is subject to annual indexation based on the Consumer Price Index. This Act commenced on 12 September 2012 for certain provisions and on a date to be fixed by proclamation for others, with a default commencement date of 24 November 2012 if not otherwise specified. The Act does not explicitly state any exclusions or exemptions, but it does provide for the rounding of the charge limit to the nearest multiple of $5 if necessary. The Act also allows for further detail or modification through subordinate instruments, ensuring its provisions can be adapted to changing circumstances.
Key Provisions
The Migration (Visa Evidence) Charge Act 2012 (section 1) sets out the rules for imposing a charge in relation to requests for evidence of visas under the Migration Act 1958. This Act specifies when the charge is payable (section 6) and the amount of the charge (section 7). The charge is imposed on visa evidence requests made under section 70 of the Migration Act. The Act extends to external Territories as prescribed (section 3) and operates extraterritorially (section 4). It applies regardless of where the request for evidence is made. The term 'visa evidence request' (section 5) refers to any request made under section 70 of the Migration Act, while 'visa evidence charge limit' refers to the maximum amount chargeable for such a request, which is indexed annually (section 7).
Under the Act, the visa evidence charge is imposed on requests for visa evidence (section 6). The Act mandates that the charge is subject to an annual indexation based on the Consumer Price Index (section 7). The limit for the financial year ending on 30 June 2013 is set at $250, and subsequent years see the charge adjusted based on the indexation factor (section 7(2)). This factor is calculated using the All Groups Consumer Price Index number for the eight capital cities, published by the Australian Statistician (section 7(3)). The formula for calculating the indexation factor ensures that the charge reflects changes in the cost of living, calculated to three decimal places and rounded up if the fourth decimal is 5 or more (section 7(4) and (5)). If the calculated limit is not a multiple of $5, it is rounded to the nearest multiple of $5 (section 7(6)).
The Act imposes specific obligations on entities making visa evidence requests, primarily that they must pay the applicable visa evidence charge. This charge is calculated based on the financial year of the request and adjusted annually for inflation. The Act also requires that the charge is payable regardless of where the request is made, whether within Australia or outside its borders. Failure to pay the required charge may result in legal consequences, although the Act does not explicitly state these penalties. However, under the Migration Act, non-compliance could potentially lead to civil or criminal penalties as outlined in other sections of that Act.
Breaches of the Act's provisions, particularly non-payment of the required visa evidence charge, could lead to civil or criminal consequences under the Migration Act. Although the Migration (Visa Evidence) Charge Act 2012 does not specify maximum penalties within its text, the Migration Act includes provisions for penalties, which may include fines or imprisonment for serious breaches. The exact penalties would be determined based on the relevant sections of the Migration Act and any other applicable legislation.