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This is a Bill, not an Act. For current law, see the Acts databases.

MIGRATION (VISA EVIDENCE) CHARGE (CONSEQUENTIAL AMENDMENTS) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration (Visa Evidence) Charge
(Consequential Amendments) Bill 2012
No. , 2012
(Immigration and Citizenship)
A Bill for an Act to make amendments relating to
the enactment of the Migration (Visa Evidence)
Charge Act 2012, and for related purposes
i Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Migration Act 1958
3
Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. , 2012 1
A Bill for an Act to make amendments relating to
1
the enactment of the Migration (Visa Evidence)
2
Charge Act 2012, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Migration (Visa Evidence) Charge
6
(Consequential Amendments) Act 2012.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. ,
2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as section 3 of the
Migration (Visa Evidence) Charge Act 2012
commences.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. , 2012
3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 Subsection 5(1)
4
Insert:
5
visa evidence charge means visa evidence charge imposed by the
6
Migration (Visa Evidence) Charge Act 2012.
7
2 Subsection 5(1)
8
Insert:
9
visa evidence charge limit for a request made under section 70 has
10
the meaning given by the Migration (Visa Evidence) Charge Act
11
2012.
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3 Sections 70 and 71
13
Repeal the sections, substitute:
14
70 Request for evidence of a visa
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(1) Any of the following persons may request to be given a prescribed
16
form of evidence of a visa at any time while the visa is in effect:
17
(a) the non-citizen who holds the visa;
18
(b) a parent or guardian of the non-citizen who holds the visa if
19
the non-citizen is a minor or the non-citizen is incapable of
20
managing his or her affairs;
21
(c) a person authorised, in writing, by the non-citizen who holds
22
the visa to make a request under this section on the
23
non-citizen's behalf.
24
(2) The request must:
25
(a) be made in the prescribed way; and
26
(b) be lodged at the prescribed place; and
27
(c) be accompanied by the amount of visa evidence charge
28
payable in relation to the request.
29
(3) The person may withdraw the request at any time before the
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prescribed form of evidence of the visa is given.
31
Schedule 1 Amendments
4 Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. ,
2012
71 Liability to pay visa evidence charge
1
(1) A person who makes a request under section 70 is liable to pay
2
visa evidence charge.
3
(2) The amount of visa evidence charge is the prescribed amount
4
which must not exceed the visa evidence charge limit for the
5
request.
6
(3) Without limiting subsection (2), regulations made for the purposes
7
of that subsection may do any one or more of the following:
8
(a) specify a different amount of visa evidence charge for
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different prescribed forms of evidence of a visa;
10
(b) specify a different amount of visa evidence charge in relation
11
to different classes of visas;
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(c) specify a different amount of visa evidence charge for
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different methods of payment of the charge;
14
(d) specify a different amount of visa evidence charge where the
15
person elects to have the request dealt with expeditiously;
16
(e) specify a different amount of visa evidence charge for
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requests made in different circumstances;
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(f) specify circumstances in which the amount of the visa
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evidence charge is nil;
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(g) specify a way for working out the amount of visa evidence
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charge.
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71A Officer must give evidence of a visa
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(1)
If:
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(a) a person makes a request under section 70 in relation to a
25
visa; and
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(b) the amount of visa evidence charge for the request has been
27
paid;
28
an officer must, within a reasonable time after the request is made,
29
give the person a prescribed form of evidence of the visa.
30
(2) Subsection (1) does not apply if:
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(a) the request has been withdrawn; or
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(b) the visa has ceased to be in effect.
33
Amendments Schedule 1
Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012 No. , 2012
5
71B Regulations about visa evidence charge
1
(1) The regulations may make provision for, or in relation to, any of
2
the following matters relating to the visa evidence charge:
3
(a) the circumstances in which a prescribed form of evidence of
4
a visa may be requested or given;
5
(b) the method of payment (including the currency in which the
6
charge must be paid);
7
(c) the persons who may be paid the charge on behalf of the
8
Commonwealth;
9
(d) the remission, refund or waiver (in whole or in part) of the
10
charge;
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(e) the exemption (in whole or in part) of a person from the
12
liability to pay the charge.
13
(2) If the regulations provide that a prescribed form of evidence of a
14
visa may be given by endorsing a valid passport, or other valid
15
travel document, that has been issued to:
16
(a) a non-citizen; or
17
(b) another non-citizen associated with that non-citizen;
18
the Minister may direct, in writing, that a specified document is not
19
to be taken to be a passport or travel document for the purposes of
20
the regulations.
21
(3) A direction under subsection (2) is not a legislative instrument.
22

 

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