Overview

The Payment of Visa Application Charges and Fees in Foreign Currency Amendment Instrument 2016/109 was enacted to address the need for updating exchange rates used in the conversion of foreign currency payments for visa application charges and fees under the Migration Regulations 1994. This instrument was introduced by the Minister for Immigration and Border Protection under the authority of subregulation 5.36(1A) of the Migration Regulations 1994. The primary objective of this Instrument is to amend the specified exchange rate for the Egyptian Pound to ensure that the conversion of fees and charges from foreign currencies to Australian Dollars is accurate and up-to-date. The Instrument operates to provide the Minister with the ability to specify foreign currencies and their relevant exchange rates to the Australian Dollar for these purposes. The Instrument, being of a minor and machinery nature, did not require consultation or a Regulatory Impact Statement as per the Legislation Act 2003 and advice from the Office of Best Practice Regulation. The Instrument commenced on 1 December 2016.

Scope and Application

The Payment of Visa Application Charges and Fees in Foreign Currency Amendment Instrument 2016/109 pertains to the conversion of foreign currency into Australian Dollar for the purpose of paying visa application charges and fees. This Instrument amends the existing instrument Payment of Visa Application Charges and Fees in Foreign Currency, IMMI 16/035, under subregulation 5.36(1A) of the Migration Regulations 1994. It specifies the foreign currencies and their relevant exchange rates to the Australian Dollar used to calculate the amount of a fee and/or visa application charge that must be paid in accordance with regulation 2.12JA of the Regulations. This Instrument applies to any person or entity seeking to pay a visa application charge or fee in a foreign currency, particularly those who are applying from or based in Egypt, as it amends the specified exchange rate for the Egyptian Pound. The Minister has delegated his power in subregulation 5.36(1A) of the Regulations to the Chief Financial Officer, Finance Division, in Instrument of Delegation, DEL 16/048, signed on 4 August 2016. The Instrument is exempt from disallowance and a Statement of Compatibility with Human Rights is not required. The Instrument commences on 1 December 2016.

Key Provisions

The main operative sections of the Payment of Visa Application Charges and Fees in Foreign Currency Amendment Instrument 2016/109 (Conversion Instrument) (Subregulation 5.36(1A)) are pivotal for determining how visa application charges and fees are to be calculated when paid in foreign currency. Specifically, section 1 of the Instrument modifies the exchange rate for the Egyptian Pound to the Australian Dollar as stipulated in paragraph 5.36(1A)(a) of the Migration Regulations 1994. This adjustment ensures that the conversion rate used for calculating fees paid in foreign currency is accurate and up-to-date. The Minister's authority to specify these exchange rates is derived from subregulation 5.36(1A) of the Regulations, and these rates are crucial for the accurate computation of the amount owed by applicants in foreign currency. The obligations imposed by the Act on parties or entities it governs include ensuring that any visa application charges and fees paid in foreign currency are converted at the correct exchange rate as specified by the Minister. The Chief Financial Officer, Finance Division, has been delegated the power to specify these exchange rates under the Instrument of Delegation, DEL 16/048. This delegation mandates that the appropriate authorities accurately convert the specified foreign currencies into Australian Dollars to determine the exact amount payable for visa applications. The Act requires that any changes to the exchange rates be communicated promptly and effectively to all relevant stakeholders to avoid discrepancies and ensure compliance with the stipulated rates. The Instrument also delineates specific offences, penalties, or civil and criminal consequences for breaches. Although the explanatory statement does not detail specific penalties, it is implicit that any non-compliance with the specified exchange rates could result in financial discrepancies or erroneous calculations of visa fees. Such non-compliance could potentially lead to administrative penalties or legal consequences, as the accuracy of the conversion rate is fundamental to the proper administration of the visa application process. The accuracy of these conversions is crucial, as incorrect calculations could lead to either overpayment or underpayment, thereby impacting the applicant's eligibility or the processing of their visa application. Furthermore, the exemption of the Instrument from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and the consequent lack of requirement for a Statement of Compatibility with Human Rights, underscores the regulatory and administrative nature of the Instrument. This means that while the Instrument is legally binding, it does not undergo the same rigorous scrutiny as other legislative instruments, reflecting its minor and machinery nature. However, the consultation with the Office of Best Practice Regulation (OBPR) and the advice that a Regulatory Impact Statement is not required, suggests a streamlined approach to ensuring the Instrument's effectiveness without extensive regulatory overhead.