Migration Amendment (Credit Card Surcharge) Regulation 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00421

 
Migration Amendment (Credit Card Surcharge) Regulation 2014
 
Select Legislative Instrument No. 39, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.
Dated 14 April 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Scott Morrison
Minister for Immigration and Border Protection
 
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Migration Regulations 1994                                                                                     2
 
1  Name of regulation
                   This regulation is the Migration Amendment (Credit Card Surcharge) Regulation 2014.
2  Commencement
                   This regulation commences on 19 April 2014.
3  Authority
                   This regulation is made under the Migration Act 1958.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Migration Regulations 1994
1  At the end of subregulation 2.12JA(2)
Add:
Note:          A credit card surcharge is payable if an instalment, or part of an instalment, of visa application charge is paid by credit card: see regulation 5.43.
2  At the end of Division 5.7 of Part 5
Add:
5.43  Credit card surcharge
             (1)  A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means).
             (2)  The amount of the credit card surcharge payable in respect of the VAC payment is as follows:
                     (a)  for a VAC payment made by Visa or MasterCard credit card—1.08% of the amount of the VAC payment;
                     (b)  for a VAC payment made by American Express or Japan Credit Bureau (JCB) credit card—1.99% of the amount of the VAC payment;
                     (c)  for a VAC payment made by Diners Club International credit card—2.91% of the amount of the VAC payment.
             (3)  The credit card surcharge is payable when the VAC payment is made.
             (4)  The Minister may specify, in a legislative instrument, circumstances in which the credit card surcharge:
                     (a)  must be waived; or
                     (b)  may be waived; or
                     (c)  must be refunded; or
                     (d)  may be refunded.
             (5)  The Minister:
                     (a)  must waive payment of the credit card surcharge in circumstances specified under paragraph (4)(a); and
                     (b)  may waive payment of the credit card surcharge in circumstances specified under paragraph (4)(b); and
                     (c)  must refund payment of the credit card surcharge in circumstances specified under paragraph (4)(c); and
                     (d)  may refund payment of the credit card surcharge in circumstances specified under paragraph (4)(d).
3  At the end of Schedule 13
Add:
Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014
  
2901  Operation of Schedule 1
                   The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.
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