MIGRATION REGULATIONS 1994 - REG 5.36 Payment of visa application charges, and fees, in foreign currencies

MIGRATION REGULATIONS 1994 - REG 5.36

  (1)   Payment of a fee, other than a visa application charge mentioned in subregulation   (3A), must be made:

  (a)   in a place, being Australia or a foreign country, that is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and

  (b)   in a currency that is specified for the purposes of this paragraph in a legislative instrument made by the Minister as a currency in which a fee may be paid in that place.

Note:   For foreign country , see section   2B of the Acts Interpretation Act 1901 .

  (1A)   The amount of the payment is to be worked out as follows:

  (a)   if the currency in which the amount is to be paid is specified by the Minister in an instrument in writing for this paragraph, use the exchange rate for the currency specified in the notice;

  (b)   if the currency in which the amount is to be paid is not specified in an instrument for paragraph   (a), use the formula in subregulation   (2).

  (2)   The formula is:

where:

"AUD" means the amount of the fee in Australian dollars.

"CER" means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:

  (a)   begins:

  (i)   on the day when this regulation commences; or

  (ii)   on any subsequent day when that rate increases or decreases by at least 5%; and

  (b)   ends at the end of each day before another period begins.

  (3)   If the amount worked out by that formula cannot be paid wholly in banknotes of that country, the corresponding amount is that amount rounded up to the nearest larger amount that is payable wholly in banknotes of that country.

  (3A)   A visa application charge payment made in accordance with regulation   2.12JA must be made in Australian dollars.

  (4)   In this regulation:

"fee" means:

  (a)   an instalment of visa application charge; or

  (b)   an amount of visa evidence charge; or

  (ba)   an amount of nomination training contribution charge; or

  (c)   a fee payable under these Regulations except regulation   5.41C.