MIGRATION (VISA APPLICATION) CHARGE ACT 1997 MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - TABLE OF PROVISIONS 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Act to extend to certain territories 3A. Definitions 4. Imposition of visa application charge 5. The visa application charge limit--most visas 6. The visa application charge limit--contributory parent visas MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - LONG TITLE An Act to impose a charge in respect of applications for visas MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 1 Short title [see Note 1] This Act may be cited as the Migration (Visa Application) Charge Act 1997. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 2 Commencement [see Note 1] (1) This Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 3 Act to extend to certain territories (1) This Act extends to the territories to which the Migration Act 1958 extends. (2) Visa application charge is payable in relation to a visa application whether the application is made inside Australia or outside Australia. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 3A Definitions In this Act, unless the contrary intention appears: "contributory parent visa" means a permanent or temporary visa included in a class of visas under regulations made under the Migration Act 1958, being a class that has the words "contributory parent" or "contributory aged parent" in its title. "Contributory Parent Visa Composite Index" means the Contributory Parent Visa Composite Index, expressed as a percentage, published by the Australian Government Actuary for a financial year. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 4 Imposition of visa application charge Visa application charge payable under section 45A of the Migration Act 1958 is imposed. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 5 The visa application charge limit--most visas (1) The charge limit in relation to a visa application made during the financial year beginning on 1 July 1996 is $12,500, unless the visa application is for a contributory parent visa. (2) The charge limit for a later financial year is calculated by multiplying the charge limit for the financial year before the later year by the greater of 1.0 or the indexation factor worked out using the following formula: [GRAPHIC]where: "CPI quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December. "index number" means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician. (3) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4. (4) Calculations under subsection (2): (a) are to be made using only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and (b) are to disregard index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the reference base). (5) If an amount worked out under the formula in subsection (2) is not a multiple of $5, the amount is to be rounded as follows: (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more--round the amount up to the nearest higher multiple of $5; (b) in any other case--round the amount down to the nearest lower multiple of $5. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - SECT 6 The visa application charge limit--contributory parent visas Financial year beginning 1 July 2002 (1) The charge limit in relation to a visa application for a contributory parent visa made during the financial year beginning on 1 July 2002 is $26,745. Later financial years (2) The charge limit for a later financial year is the amount worked out under subsection (3) or (5), depending on the amount of the Contributory Parent Visa Composite Index for the later financial year. Contributory Parent Visa Composite Index more than zero (3) If the Contributory Parent Visa Composite Index for the later financial year is more than zero, the charge limit for that financial year is the amount worked out using the following formula, then rounded under subsection (4): [GRAPHIC] "previous charge limit" means the charge limit for the financial year before the later financial year. (4) If an amount worked out under the formula in subsection (3) is not a multiple of $5, the amount is to be rounded as follows: (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more--round the amount up to the nearest higher multiple of $5; (b) in any other case--round the amount down to the nearest lower multiple of $5. Contributory Parent Visa Composite Index zero or less (5) If the Contributory Parent Visa Composite Index for the later financial year is zero or less, the charge limit for the later financial year is the same as the charge limit for the financial year before the later financial year. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - NOTES Compilation Information [GRAPHIC]Migration (Visa Application) Charge Act 1997 Act No. 26 of 1997 as amended This compilation was prepared on 24 March 2003taking into account amendments up to Act No. 6 of 2003 The text of any of those amendments not in forceon that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - NOTES MIGRATION (VISA APPLICATION) CHARGE ACT 1997Notes to the Migration (Visa Application) Charge Act 1997 Note 1 The Migration (Visa Application) Charge Act 1997 as shown in this compilation comprises Act No. 26, 1997 amended as indicated in the Tables below. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Migration (Visa Application) Charge Act 1997 26, 1997 10 Apr 1997 1 May 1997 (see Gazette 1997, S168) Migration (Visa Application) Charge Amendment Act 1999 37, 1999 31 May 1999 1 May 1997 (a) -- Migration (Visa Application) Charge Amendment Act 2003 6, 2003 19 Mar 2003 20 Mar 2003 -- (a) The Migration (Visa Application) Charge Act 1997 was amended by Schedule 1 only of the Migration (Visa Application) Charge Amendment Act 1999, section 2 of which provides as follows: This Act is taken to have commenced immediately after the commencement of the Migration (Visa Application) Charge Act 1997. MIGRATION (VISA APPLICATION) CHARGE ACT 1997 - NOTES Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 3A ad. No. 6, 2003 Heading to s. 5 am. No. 6, 2003 S. 5 am. No. 37, 1999; No. 6, 2003 S. 6 ad. No. 6, 2003