Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017 [F2017L00576]-Response required [2017] AUSStaCSDLM 215 (21 June 2017)

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Instrument	Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017 [F2017L00576]
Purpose	Amends the Migration Regulations 1994 to provide for a visa application charge of $440 for the Subclass 417 (Working Holiday) visa and Subclass 462 (Work and Holiday) visa
Authorising legislation	Migration Act 1958
Department	Immigration and Border Protection
Disallowance	15 sitting days after tabling (tabled Senate 13 June 2017) Notice of motion to disallow currently must be given by 5 September 2017
Scrutiny principle	Standing Order 23(3)(a) and (d)

Matter more appropriate for parliamentary enactment

Scrutiny principle 23(3)(d) of the committee's terms of reference requires the committee to consider whether an instrument contains matters more appropriate for parliamentary enactment (that is, matters that should be enacted via primary rather than delegated legislation).

On 24 November 2016 the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016 was passed by both houses of Parliament. It included amendments to the Migration Regulations 1994 (Migration Regulations) to reduce the visa application charge (VAC) for working holiday makers by $50, to $390, from 1 July 2017.

Item 1 of the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017 [F2017L00576] (the regulation) amends the Migration Regulations to increase the VAC for working holiday makers by $50, to $440, from 1 July 2017.

The committee notes that the regulation may be described as reversing amendments made to the VAC for working holiday visas previously agreed to in primary legislation. However, the ES for the regulation provides no information as to the reason for introducing these changes via delegated legislation rather than primary legislation.

The committee requests the advice of the minister in relation to the above.

As noted above, item 1 of the regulation increases the VAC for working holiday makers by $50, to $440. As the regulation reverses a previous reduction in the VAC which had not yet commenced, the committee notes that the regulation may therefore be described as maintaining the current VAC.

While the ES briefly notes a government decision to maintain the VAC when finalising the working holiday maker reform package, it does not appear to state the basis on which the VAC has been calculated, other than to indicate:

The revenue of not proceeding with the planned $50 reduction in the visa application charge will fund the Seasonal Worker Incentives Trial which will provide incentives for eligible Australian job seekers to undertake horticultural seasonal work.

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