Migration Amendment Regulation 2012 (No 8) [Select Legislative Instrument 2012 No 301] [F2012L02381]-New and Concluded Matters [2013] AUSStaCSDLM 27 (7 February 2013)

• Migration Amendment Regulation 2012 (No. 8) [Select Legislative Instrument 2012 No. 301] [F2012L02381]
• Unclear basis for increase in fees

---

Migration Amendment Regulation 2012 (No. 8) [Select Legislative Instrument 2012 No. 301] [F2012L02381]

Purpose	Amends the Migration Regulations 1994 to strengthen and improve immigration policy
Last day to disallow	15 May 2013
Authorising legislation	Migration Act 1958
Department	Immigration and Citizenship

ISSUE:

Unclear basis for increase in fees

The ES which accompanies the instrument states that Schedule 2 of the regulation introduces increases to certain visa application charges (VACs), in one case being an increase of 300 per cent. While these changes are subsequently described as being 'minor or machinery in nature' and as not substantially altering existing arrangements, the ES does not indicate the basis on which the VAC increases were determined. The committee's usual expectation in cases where an instrument of delegation legislation introduces or adjusts a charge, fee or levy is that the relevant ES makes clear on its face the basis on which that charge, fee or levy has been calculated (in addition to the quantum of the relative change in those cases where there is an adjustment to an existing charge, fee or levy). The committee will therefore seek further information from the minister.