Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 47

EXPLANATORY STATEMENT

STATUTORY RULES 2001 No. 47

Issued by the Authority of the Minister for Immigration and Multicultural Affairs

Migration Act 1958

Migration Amendment Regulations 2001 (No. 2)

Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may, make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Art.

In addition, regulations may be made pursuant to the following power:

-       paragraph 504(1)(a) of the Act provides that the regulations may provide for the charging and recovery of fees in respect of any matter under the Act or regulations.

Schedule 1 of the Migration Regulations 1994 sets out the quantum of the visa application charge imposed on applications for specified visa classes. Parts 1, 2 and 5 of the Migration Regulations 1994 impose fees in relation to an application for approval as a business sponsor; a renewal of approval as a pre-qualified business sponsor; the nomination of business activities; the re-evidencing of a resident, return visa; an application for approval of an employer nominated position; a sponsorship fee; and a skill matching fee for the purposes of the Skill Matching (Migrant (Class BR)), visa.

The Regulations amend the Migration Regulations 1994 to provide for the indexation of fees and charges imposed under the Regulations in line with Government policy.

In accordance with CPI figures derived by the Department of Finance and Administration from data supplied by the Australian Bureau of Statistics, the indexation for the period of financial years 20002001 and 2001-2002 results in an increase of approximately 4.7% for most charges.

Details of the Regulations are as follows:

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 2001 (No. 2).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 April 2001.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that the Migration Regulations 1994 are amended as set out in Schedule 1 to these Regulations.

Regulation 4 - Application

This regulation provides that the amendments in item 2 of Schedule 1 apply to an application for a visa that is made on or after 1 April 200 1.

Schedule 1 - Amendments

Item 1 - Amendments of Parts 1.2, and 5

This item sets out a table which amends Parts 1, 2, and 5 of the Migration Regulations 1994 to provide for the annual indexation of specified fees.

Item 2 - Amendment of Schedule 1

This item sets out a table which amends Schedule 1 of the Migration Regulations 1994 to provide for the annual indexation of specified visa application charges.

The Regulations commence on 1 April 2001.


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