Federal Register of Legislation - Australian Government

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LIN 19/041 Other/Charges, Fees & Factors as made
This instrument operates under the power in paragraph 5.36(1A)(a) of the Migration Regulations 1994, for the Minister to specify foreign currencies, and their relevant exchange rate in relation to the Australian dollar. The currencies’ corresponding International Organization for Standardization (ISO) code has also been specified in the instrument. The instrument is used to specify the working out of the amount of payment of a fee, as defined in subregulation 5.36(4) of the regulations (other than a visa application charge (VAC) payment to which subregulation 5.36(3A) of the regulations applies). The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates.
Administered by: Home Affairs
Registered 26 Jun 2019
Tabling HistoryDate
Tabled HR02-Jul-2019
Tabled Senate02-Jul-2019

EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019

(Paragraph 5.36(1A)(a))

1.               The Migration (LIN 19/041: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (Regulations).

2.               The instrument repeals Migration (LIN 19/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2019 (F2018L01823) under paragraph 5.36(1A)(a) of the Regulations, and in accordance with subsection 33(3) of the                         Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the Interpretation Act states that 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 under the power in paragraph 5.36(1A)(a) of the Regulations, for the Minister to specify foreign currencies, and their relevant exchange rate in relation to the Australian Dollar. The currencies’ corresponding International Organization for Standardization (ISO) code has also been specified in the instrument. The instrument is used to specify the working out of the amount of payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge (VAC) payment to which subregulation 5.36(3A) of the Regulations applies).

4.             The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates.

5.             In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary because changes to the previous repealed instrument are minor or machinery in nature and do not substantially alter existing arrangements.

6.             The Chief Financial Officer, Finance Division, who made the instrument was delegated the powers required to make the instrument in the Delegations and Authorisations Instrument MHA No. 5 of 2018, signed on 10 April 2018.

7.             The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required. The OBPR Reference is 25184.

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 July 2019.