Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION REGULATIONS (AMENDMENT) 1997 NO. 17

EXPLANATORY STATEMENT

STATUTORY RULES 1997 NO. 17

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

Migration Act 1958

Migration Regulations (Amendment)

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 Act. In particular, 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 the regulations;

The purpose of the Regulations is to increase fees in line with the Government's commitment to increase cost recovery. The fees to be increased are those for applications for the Change in Circumstance (Residence) (Class AG) visa and the Family (Residence) (Class AO) visa to $1500. Exceptions are made for orphan relatives and special need relatives. Their fees remain at $600. In addition, the fee for an applicant for a Family (Residence) (Class AO) visa who is the holder of a Prospective Marriage (Subclass 300) visa also remains at $600.

Details of the Regulations are:

Regulation 1 (Amendment)

This regulation provides that the Migration Regulations are amended as set out in these Regulations.

Regulation 2 - Schedule 1 (Classes of visas

The purpose of subregulation 2.1 is to provide a fee concession for an applicant for a Change in Circumstance (Residence) (Class AG) visa who is an orphan relative or special need relative. The fee is $600.

The purpose of subregulation 2.2 is to increase the fee for a Change in Circumstance (Residence) (Class AG) visa to $1500.

The purpose of subregulation 2.3 is to provide a fee concession for an applicant for a Family (Residence) (Class AO) visa who is an orphan relative, special need relative or the holder of a Prospective Marriage (Subclass 300) visa. The fee for these concessions is $600.

The purpose of subregulation 2.4 is to increase the fee for a Family (Residence) (Class AO) visa to $1500.

The Regulations commence on gazettal.


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