Commonwealth of Australia Explanatory Memoranda

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MIGRATION (VISA EVIDENCE) CHARGE BILL 2012

                                                                                ATTACHMENT A



                  Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011


                         Migration (Visa Evidence) Charge Bill 2012

  This Bill is compatible with the human rights and freedoms recognised or declared in the
 international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
                                           Act 2011.


Overview of the Bill
The Bill introduces a new visa evidence charge that is imposed when visa holders (or
authorised third parties) request that their visa, or in the case of third parties the visa holder's
visa, be evidenced (or re-evidenced), such as in the form of a visa label or other non-
electronic form.
The purpose of the visa evidence charge is to encourage clients, government agencies,
employers and education providers to use electronic entitlement verification which can be
accessed free of charge.
Human rights implications
The Department of Immigration and Citizenship has considered the seven key international
treaties. This Bill does not engage any of the applicable rights or freedoms. This Bill allows
for the imposition of a visa evidence charge whereas it is the Migration (Visa Evidence)
Charge (Consequential Amendments) Bill 2012 which provides for the payment, as well as
other required consequential amendments for this charge.
Conclusion
This Bill is compatible with human rights.


            The Hon. Chris Bowen, Minister for Immigration and Citizenship