Migration Legislation Amendment (2015 Measures No 2) Regulation 2015 [F2015L00972]-Response required [2015] AUSStaCSDLM 118 (12 August 2015)

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Instrument	Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 [F2015L00972]
Purpose	Amends the Migration Regulations 1994, Australian Citizenship Regulations 2007, Migration Agents Regulations 1998, and Customs Regulations 2015 to update immigration, citizenship and customs policy
Last day to disallow	17 September 2015
Authorising legislation	Migration Act 1958; Australian Citizenship Act 2007; Customs Act 1901
Department	Immigration and Border Protection
Scrutiny principle	Standing Order 23(3)(b)

Unclear basis for determining fees

Schedule 7 of this instrument increases various visa application charges.

The committee notes that, while the ES identifies the basis for increases to certain application charges as being in line with the Consumer Price Index (2.3 percent), the basis for other increases is unclear—specifically, the increased application charges for economic related visas (by five per cent), family related visas (by 10 per cent) and significant investor visas (by 50 per cent).

In this regard, the ES provides only general information that these changes are made in lieu of indexation of all VACs (visa application charges) for 2015 and that the measure:

...harmonises VACs for some visa categories by creating a uniform price point for onshore and offshore visa applications and supports a 2015-16 Budget measure.

The committee's usual expectation in cases where an instrument of delegated legislation carries financial implications via the imposition of a change to a charge, fee, levy, scale or rate of costs or payment is that the relevant ES makes clear the specific basis on which an individual imposition or change has been calculated.

The committee requests the advice of the minister in relation to this matter.