Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 [F2016L01391] -Response required [2016] AUSStaCSDLM 227 (12 October 2016)

Instrument	Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 [F2016L01391]
Purpose	Amends the Migration Regulations 1994 to implement the ‘Supporting Innovation through Visas’ initiative
Last day to disallow	24 November 2016
Authorising legislation	Migration Act 1958
Department	Immigration and Border Protection
Scrutiny principle	Standing Order 23(3)(a)

Unclear basis for determining fees

Schedule 1, items 4 and 7 of the regulation set first instalment application charges for Subclass 888 and 188 visas in the new entrepreneur stream. The regulation sets a base application charge for these visas of $3,600, and additional applicant charges of $1,800 and $900 for applicants who are at least 18 years old, and less than 18 years old, respectively. Schedule 1, item 4 of the regulation also sets the first instalment application charge for a Business Skills Class EC visa. The regulation sets a base application charge for this visa of $2,305, and additional applicant charges of $1,155 and $575 for applicants who are at least 18 years old, and less than 18 years old, respectively.

However, while noting that the regulation 'maintains the previous rates' for Business Skills Class EC visa application charges, the ES does not explicitly state the basis on which these charges have been calculated, nor the basis on which the Subclass 888 and 188 entrepreneur stream visa application charges have been calculated.

The committee's usual expectation in cases where an instrument of delegated legislation carries financial implications via the imposition of or 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.