Commonwealth Consolidated Acts

MIGRATION (HEALTH SERVICES) CHARGE ACT 1991 - SECT 5

             (1)  Charge is payable if a person has applied on or after 21 August 1991 and before the commencement of the Migration (Visa Application) Charge Act 1997 for a visa or entry permit, and:

                     (a)  if the visa or entry permit has been granted before the commencement of this Act—regulations made under paragraph 181(1)(h) of the Migration Act 1958 required that an assurance of support be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia; or

                     (b)  if the visa or entry permit has been, or is, granted before 1 September 1994:

                              (i)  regulations made under paragraph 181(1)(h) of the Migration Act 1958 require that an assurance of support be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia; and

                             (ii)  the Minister has given the applicant a notice including a statement of a kind mentioned in paragraph 24(3)(aa) of that Act or a notice under paragraph 34(3)(a) of that Act; and

                            (iii)  the applicant would, apart from subsection 24(3B) or 34(3B) of that Act, be granted the visa or entry permit; or

                     (c)  in any other case:

                              (i)  regulations made under paragraph 181(1)(h) of the Migration Act 1958 require that an assurance of support be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia; and

                             (ii)  the Minister has given the applicant a notice
including a statement of the kind mentioned in subsection 26ZEA(2) of that Act; and

                            (iii)  the applicant would, apart from subparagraph 26ZF(1)(iv) of that Act, be granted a visa.

             (2)  For the purposes of subsection (1), regulations are not taken to have required, or to require, that an assurance of support be given if they only require an assurance to be given in cases where the Minister so decides.

             (3)  The charge is payable by:

                     (a)  the applicant; or

                     (b)  any person who gives an assurance of support of the kind mentioned in subsection (1).