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Migration (Visa Application) Charge Act 1997

Authoritative Version
Act No. 26 of 1997 as amended, taking into account amendments up to Statute Law Revision Act (No. 2) 2015
An Act to impose a charge in respect of applications for visas
Administered by: Home Affairs
Registered 28 Jan 2016
Start Date 10 Dec 2015
Table of contents.

Migration (Visa Application) Charge Act 1997

No. 26, 1997

Compilation No. 3

Compilation date:                              10 December 2015

Includes amendments up to:            Act No. 145, 2015

Registered:                                         28 January 2016

 

About this compilation

This compilation

This is a compilation of the Migration (Visa Application) Charge Act 1997 that shows the text of the law as amended and in force on 10 December 2015 (the compilation date).

This compilation was prepared on 21 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Act to extend to certain territories........................................................ 1

3A......... Definitions.......................................................................................... 1

4............ Imposition of visa application charge.................................................. 2

5............ The visa application charge limit—most visas..................................... 2

6............ The visa application charge limit—contributory parent visas.............. 3

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8


An Act to impose a charge in respect of applications for visas

 

 

1  Short title

                   This Act may be cited as the Migration (Visa Application) Charge Act 1997.

2  Commencement

             (1)  This Act commences on a day to be fixed by Proclamation.

             (2)  If this Act does not commence under subsection (1) within 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3  Act to extend to certain territories

             (1)  This Act extends to the territories to which the Migration Act 1958 extends.

             (2)  Visa application charge is payable in relation to a visa application whether the application is made inside Australia or outside Australia.

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.

4  Imposition of visa application charge

                   Visa application charge payable under section 45A of the Migration Act 1958 is imposed.

5  The visa application charge limit—most visas

             (1)  The charge limit in relation to a visa application made during the financial year beginning on 1 July 1996 is $12,500, unless the visa application is for a contributory parent visa.

             (2)  The charge limit for a later financial year is calculated by multiplying the charge limit for the financial year before the later year by the greater of 1.0 or the indexation factor 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.

             (3)  The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.

             (4)  Calculations under subsection (2):

                     (a)  are to be made using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

                     (b)  are to disregard index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

             (5)  If an amount worked out under the formula in 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)  in any other case—round the amount down to the nearest lower multiple of $5.

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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Migration (Visa Application) Charge Act 1997

26, 1997

10 Apr 1997

1 May 1997 (s 2)

 

Migration (Visa Application) Charge Amendment Act 1999

37, 1999

31 May 1999

1 May 1997 (s 2)

Migration (Visa Application) Charge Amendment Act 2003

6, 2003

19 Mar 2003

20 Mar 2003 (s 2)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 4 (item 30): 10 Dec 2015 (s 2(1) item 7)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3A.....................................

ad No 6, 2003

s 5........................................

am No 37, 1999; No 6, 2003; No 145, 2015

s 6........................................

ad No 6, 2003