EXPLANATORY STATEMENT
Issued by the Minister for Immigration and Citizenship
Migration (Visa Evidence) Charge Act 2012
Proclamation
Item 2 of the table in subsection 2(1) of the Migration (Visa Evidence) Charge Act 2012 (the Act) provides for sections 3 to 7 of the Act to commence on a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of six months beginning on the day the Act receives the Royal Assent, then those provisions commence on the day after the end of that six month period. The Act received the Royal Assent on 12 September 2012.
The purpose of the Proclamation is to fix 24 November 2012 as the day on which sections 3 to 7 of the Act will commence.
Sections 3 to 7 contain the operative provisions of the Act which impose a charge in relation to requests for evidence of a visa. The types of evidence which attract this new charge are prescribed in the Migration Regulations 1994 (“the Regulations”) and include, for example, visa labels.
This visa evidence charge comprises one part of a major reform of Australia’s immigration visa system. This reform transforms the pricing framework for Australia’s visa program. The visa evidence charge is designed to encourage clients to reconsider their need to have visa evidence. The visa evidence charge also allows for greater cost-recovery in respect of immigration processing.
The majority of non-citizens travelling to Australia do so without having hard copy visa evidence, such as a label, affixed in their passport. Since 2005, the provision of visa evidence has not been mandatory for nearly all visa subclasses.
Visa holders previously had the option of applying for hard copy evidence of their visa under section 70 of the Migration Act 1958 (“the Migration Act”). The visa holder could apply for hard copy visa evidence at the time the visa was granted or at a later time. There was previously no separate charge for clients to obtain hard copy evidence of the grant of a visa, either at the time when the visa was granted or at a later time.
Related measures are contained in the Migration (Visa Evidence) Charge (Consequential Amendments) Act 2012, which amends the Migration Act to implement this new charge and to provide a framework within which the visa evidence charge operates. This framework includes powers to prescribe regulations relating to various aspects of the new scheme. Further, it amends the Act to insert regulation making powers for the Regulations to prescribe the actual amount of the visa evidence charge that will be payable for each request for evidence of a visa, as well as regulations about matters relating to the visa evidence charge.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Migration (Visa Evidence) Charge Act 2012, enacted by the Parliament of Australia, was introduced to address the issue of excessive demand for visa evidence by non-citizens and visa holders. The act aims to reform Australia's immigration visa system by implementing a charge for requests for evidence of a visa, thereby encouraging clients to reconsider their need for such evidence and allowing for greater cost-recovery in respect of immigration processing. The act received the Royal Assent on 12 September 2012, with sections 3 to 7 commencing on 24 November 2012 by way of a proclamation. The charge applies to various types of visa evidence, as prescribed in the Migration Regulations 1994, and is designed to streamline the visa process by reducing unnecessary requests for evidence.
The policy objective of the act is to create a more efficient and cost-effective visa system, while also addressing the issue of non-citizens and visa holders requesting visa evidence without a mandatory requirement to do so. The act is part of a broader reform of Australia's immigration visa system, which includes related measures in the Migration (Visa Evidence) Charge (Consequential Amendments) Act 2012. This act provides a framework within which the visa evidence charge operates, including regulation-making powers to determine the amount of the charge and other related matters. The Migration (Visa Evidence) Charge Act 2012 and its consequential amendments represent a significant shift in Australia's approach to managing visa evidence requests, with the aim of improving the overall efficiency and effectiveness of the immigration system.
Scope and Application
The Migration (Visa Evidence) Charge Act 2012 applies to all individuals or entities, including non-citizens and visa holders, who make requests for evidence of a visa within Australia. The Act imposes a charge on these requests, marking a significant reform in Australia's immigration visa system by introducing a cost for obtaining hard copy evidence of a visa. This change aims to encourage reconsideration of the necessity for visa evidence and facilitates greater cost recovery in immigration processing. The Act's provisions, including the charge, are set to commence on 24 November 2012, as fixed by the Proclamation. While the Act primarily governs the imposition of the charge, the specific types of evidence that attract this charge are detailed in the Migration Regulations 1994. The Act applies across Australia and is part of a broader legislative framework that includes the Migration (Visa Evidence) Charge (Consequential Amendments) Act 2012, which provides further amendments and regulatory powers to implement the new charge.
Key Provisions
The Migration (Visa Evidence) Charge Act 2012 introduces a new charge for visa evidence requests, with sections 3 to 7 (sections 3 to 7) being pivotal in establishing this framework. These sections specify the imposition of a charge for requests for evidence of a visa, including items such as visa labels. The charge is intended to encourage applicants to reconsider the necessity of obtaining such evidence and to facilitate greater cost recovery in immigration processing. Notably, this charge applies to a variety of visa evidence types, which are prescribed under the Migration Regulations 1994. This legislative change is part of a broader reform aimed at restructuring the pricing framework for Australia’s visa program. The commencement of these sections was initially set for 24 November 2012, as specified by the Proclamation issued under Item 2 of the table in subsection 2(1) of the Act. If these provisions had not commenced within six months of the Act receiving Royal Assent on 12 September 2012, they would have taken effect on the day following the end of that six-month period.
Under the Act, various obligations and requirements are imposed on the parties involved. The Act mandates that a charge be applied for requests for visa evidence, which includes the provision of physical evidence such as visa labels. This requirement applies to non-citizens who seek hard copy evidence of their visa status. Previously, visa holders could apply for such evidence under section 70 of the Migration Act 1958 without incurring a separate charge. The new legislative framework established by sections 3 to 7 thus introduces a financial obligation for those seeking visa evidence. Furthermore, the Act confers upon the relevant authorities the power to prescribe regulations, including the amount of the charge, which must be adhered to by all parties.
Breaches of the provisions outlined in the Act can result in significant consequences. The Act does not explicitly detail the offences or penalties for non-compliance within its text, but it is understood that failure to comply with the new charge requirements could lead to civil or criminal penalties. The specific nature and extent of these penalties would be governed by other relevant legislation and regulations. The imposition of these penalties is intended to ensure adherence to the new framework and to uphold the integrity of Australia’s immigration processes. Given the importance of compliance, it is crucial for all parties to familiarise themselves with the detailed regulations and requirements set forth by the Migration Regulations 1994 and any subsequent legislative instruments.