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SLI 2014 No. 39 Regulations as made
This regulation amends the Migration Regulations 1994 to allow the department to recover the cost of certain administrative fees, by charging a credit card surcharge on applicants who pay an instalment, or part of an instalment, of their visa application charge with a credit card.
Administered by: Immigration and Border Protection
Made 14 Apr 2014
Registered 16 Apr 2014
Tabled HR 13 May 2014
Tabled Senate 14 May 2014
Date of repeal 20 Apr 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Migration Amendment (Credit Card Surcharge) Regulation 2014

 

Select Legislative Instrument No. 39, 2014

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.

Dated 14 April 2014

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Scott Morrison

Minister for Immigration and Border Protection

 

 

  

  


Contents

1............ Name of regulation.............................................................................. 1

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

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Migration Regulations 1994                                                                                     2

 


1  Name of regulation

                   This regulation is the Migration Amendment (Credit Card Surcharge) Regulation 2014.

2  Commencement

                   This regulation commences on 19 April 2014.

3  Authority

                   This regulation is made under the Migration Act 1958.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Migration Regulations 1994

1  At the end of subregulation 2.12JA(2)

Add:

Note:          A credit card surcharge is payable if an instalment, or part of an instalment, of visa application charge is paid by credit card: see regulation 5.43.

2  At the end of Division 5.7 of Part 5

Add:

5.43  Credit card surcharge

             (1)  A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means).

             (2)  The amount of the credit card surcharge payable in respect of the VAC payment is as follows:

                     (a)  for a VAC payment made by Visa or MasterCard credit card—1.08% of the amount of the VAC payment;

                     (b)  for a VAC payment made by American Express or Japan Credit Bureau (JCB) credit card—1.99% of the amount of the VAC payment;

                     (c)  for a VAC payment made by Diners Club International credit card—2.91% of the amount of the VAC payment.

             (3)  The credit card surcharge is payable when the VAC payment is made.

             (4)  The Minister may specify, in a legislative instrument, circumstances in which the credit card surcharge:

                     (a)  must be waived; or

                     (b)  may be waived; or

                     (c)  must be refunded; or

                     (d)  may be refunded.

             (5)  The Minister:

                     (a)  must waive payment of the credit card surcharge in circumstances specified under paragraph (4)(a); and

                     (b)  may waive payment of the credit card surcharge in circumstances specified under paragraph (4)(b); and

                     (c)  must refund payment of the credit card surcharge in circumstances specified under paragraph (4)(c); and

                     (d)  may refund payment of the credit card surcharge in circumstances specified under paragraph (4)(d).

3  At the end of Schedule 13

Add:

Part 29Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014

  

2901  Operation of Schedule 1

                   The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.