Federal Register of Legislation - Australian Government

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IMMI 17/002 Other/Charges, Fees & Factors as made
The instrument specifies the payment of a fee and the places and currencies in which payments must be made.
Administered by: Immigration and Border Protection
Registered 21 Dec 2016
Tabling HistoryDate
Tabled HR07-Feb-2017
Tabled Senate07-Feb-2017
Date of repeal 01 Jul 2017
Repealed by Migration (IMMI 17/037: Places and Currencies for Paying of Fees) Instrument 2017


Migration Regulations 1994


(Subregulation 5.36(1))

1.             Instrument IMMI 17/002 is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (the Regulations).

2.             The Instrument revokes IMMI 16/036 (F2016L00626) under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations and in accordance with subsection 33(3) of the
Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

3.             The Instrument operates for the Minister to specify, under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations that the payment of a fee (other than a visa application charge mentioned in subregulation 5.36(3A)), the places and currencies in which payments must be made.

4.             The purpose of the Instrument is to update the places and currencies for the purposes of paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations.

5.             Consultation was not necessary for the making of the Instrument. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required for this change (OBPR Reference 21377).

7.             The Minister delegated his power in subregulation 5.36(1) of the Regulations to the Chief Financial Officer, Finance Division, in Instrument of Delegation, DEL 16/067, signed on 9 November 2016.

8.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

9.             The Instrument commences on 1 January 2017