Commonwealth: Migration (Visa Application) Charge Act 1997 (Cth)

Migration (Visa Application) Charge Act 1997 No. 26, 1997 Compilation No. 3 Compilation date: 10 December 2015 Includes amendments up to: Act No. 145, 2015 Registered: 28 January 2016 About this compilation This compilation This is a compilation of the Migration (Visa Application) Charge Act 1997 that shows the text of the law as amended and in force on 10 December 2015 (the compilation date). This compilation was prepared on 21 January 2016. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Act to extend to certain territories 3A Definitions 4 Imposition of visa application charge 5 The visa application charge limit—most visas 6 The visa application charge limit—contributory parent visas Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to impose a charge in respect of applications for visas 1 Short title This Act may be cited as the Migration (Visa Application) Charge Act 1997. 2 Commencement (1) This Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. 3 Act to extend to certain territories (1) This Act extends to the territories to which the Migration Act 1958 extends. (2) Visa application charge is payable in relation to a visa application whether the application is made inside Australia or outside Australia. 3A Definitions In this Act, unless the contrary intention appears: contributory parent visa means a permanent or temporary visa included in a class of visas under regulations made under the Migration Act 1958, being a class that has the words "contributory parent" or "contributory aged parent" in its title. Contributory Parent Visa Composite Index means the Contributory Parent Visa Composite Index, expressed as a percentage, published by the Australian Government Actuary for a financial year. 4 Imposition of visa application charge Visa application charge payable under section 45A of the Migration Act 1958 is imposed. 5 The visa application charge limit—most visas (1) The charge limit in relation to a visa application made during the financial year beginning on 1 July 1996 is $12,500, unless the visa application is for a contributory parent visa. (2) The charge limit for a later financial year is calculated by multiplying the charge limit for the financial year before the later year by the greater of 1.0 or the indexation factor worked out using the following formula: where: CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December. index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician. (3) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4. (4) Calculations under subsection (2): (a) are to be made using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and (b) are to disregard index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period). (5) If an amount worked out under the formula in subsection (2) is not a multiple of $5, the amount is to be rounded as follows: (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more—round the amount up to the nearest higher multiple of $5; (b) in any other case—round the amount down to the nearest lower multiple of $5. 6 The visa application charge limit—contributory parent visas Financial year beginning 1 July 2002 (1) The charge limit in relation to a visa application for a contributory parent visa made during the financial year beginning on 1 July 2002 is $26,745. Later financial years (2) The charge limit for a later financial year is the amount worked out under subsection (3) or (5), depending on the amount of the Contributory Parent Visa Composite Index for the later financial year. Contributory Parent Visa Composite Index more than zero (3) If the Contributory Parent Visa Composite Index for the later financial year is more than zero, the charge limit for that financial year is the amount worked out using the following formula, then rounded under subsection (4): where: previous charge limit means the charge limit for the financial year before the later financial year. (4) If an amount worked out under the formula in subsection (3) is not a multiple of $5, the amount is to be rounded as follows: (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more—round the amount up to the nearest higher multiple of $5; (b) in any other case—round the amount down to the nearest lower multiple of $5. Contributory Parent Visa Composite Index zero or less (5) If the Contributory Parent Visa Composite Index for the later financial year is zero or less, the charge limit for the later financial year is the same as the charge limit for the financial year before the later financial year. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary. Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key A = Act o = order(s) ad = added or inserted Ord = Ordinance am = amended orig = original amdt = amendment par = paragraph(s)/subparagraph(s) c = clause(s) /sub‑subparagraph(s) C[x] = Compilation No. x pres = present Ch = Chapter(s) prev = previous def = definition(s) (prev…) = previously Dict = Dictionary Pt = Part(s) disallowed = disallowed by Parliament r = regulation(s)/rule(s) Div = Division(s) Reg = Regulation/Regulations exp = expires/expired or ceases/ceased to have reloc = relocated effect renum = renumbered F = Federal Register of Legislative Instruments rep = repealed gaz = gazette rs = repealed and substituted LI = Legislative Instrument s = section(s)/subsection(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) (md) = misdescribed amendment can be given Sdiv = Subdivision(s) effect SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Migration (Visa Application) Charge Act 1997 26, 1997 10 Apr 1997 1 May 1997 (s 2) Migration (Visa Application) Charge Amendment Act 1999 37, 1999 31 May 1999 1 May 1997 (s 2) — Migration (Visa Application) Charge Amendment Act 2003 6, 2003 19 Mar 2003 20 Mar 2003 (s 2) — Statute Law Revision Act (No. 2) 2015 145, 2015 12 Nov 2015 Sch 4 (item 30): 10 Dec 2015 (s 2(1) item 7) — Endnote 4—Amendment history Provision affected How affected s 3A.................... ad No 6, 2003 s 5..................... am No 37, 1999; No 6, 2003; No 145, 2015 s 6..................... ad No 6, 2003