Migration Legislation Amendment Regulations 2009 (No. 1)

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Migration Legislation Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 22
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Citizenship Act 2007 and the Migration Act 1958.
Dated 25 February 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Immigration and Citizenship
Contents
                        1     Name of Regulations                                                        3
                        2     Commencement                                                              3
                        3     Amendment of Australian Citizenship Regulations 2007 — Schedule 1            3
                        4     Amendment of Migration Regulations 1994 — Schedule 2   3
Schedule 1             Amendments of Australian Citizenship Regulations 2007 4
Schedule 2             Amendments of Migration Regulations 1994 relating to bridging visas     7
 
 
1              Name of Regulations
                These Regulations are the Migration Legislation Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence as follows:
                 (a)     on 15 March 2009 — regulations 1 to 3 and Schedule 1;
                (b)     on 28 March 2009 — regulation 4 and Schedule 2.
3              Amendment of Australian Citizenship Regulations 2007 — Schedule 1
         (1)   Schedule 1 amends the Australian Citizenship Regulations 2007.
         (2)   The amendments made by Schedule 1 apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Australian Citizenship Act 2007 on or after 15 March 2009.
Note   Part 2 of the Act relates to applications for citizenship, applications for renunciation of Australian citizenship and applications for evidence of Australian citizenship.
4              Amendment of Migration Regulations 1994 — Schedule 2
         (1)   Schedule 2 amends the Migration Regulations 1994.
         (2)   The amendments made by Schedule 2 apply in relation to:
                 (a)     an application for a visa made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), on or after 28 March 2009; and
                (b)     an application for a visa made on or after 28 March 2009.
 
Schedule 1        Amendments of Australian Citizenship Regulations 2007
(regulation 3)
 
[1]           Regulation 12
substitute
12            Information and documents to accompany applications
                For paragraph 46 (1) (c) of the Act, if information or a document accompanying an application for citizenship is not originally in English, the information or document must be accompanied by an official English translation.
12A         Fees to accompany applications
         (1)   For paragraph 46 (1) (d) of the Act, an application of the kind mentioned in an item in Schedule 3 must be accompanied by the fee mentioned in the item, payable in accordance with this regulation.
         (2)   Payment of the fee to accompany the application must be made in a place, being Australia or a foreign country, that is mentioned in the places and currency instrument.
Note   Foreign country is defined in paragraph 22 (1) (f) of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories.
         (3)   The payment must also be made in a currency mentioned in the places and currency instrument as a currency in which a fee may be paid in that place.
         (4)   If the currency in which the amount is to be paid is a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out in accordance with the amount mentioned in the instrument that corresponds to the amount of the fee in Australian dollars.
         (5)   If the currency in which the amount is to be paid is not a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out using the formula:
where:
AUD means the amount of the fee in Australian dollars.
CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that:
                (a)    begins:
                          (i)    on the day when this subregulation commences; or
                         (ii)    on any subsequent day when the rate increases or decreases by at least 5%; and
               (b)    ends at the end of each day before another period begins.
         (6)   If the amount worked out by the formula cannot be paid wholly in banknotes of a country, the corresponding amount is the amount rounded up to the nearest larger amount that is payable wholly in banknotes of the country.
         (7)   In this regulation:
conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies, F2008L04504 (IMMI 08/114) that commenced on 1 January 2009.
places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees, F2008L04488 (IMMI 08/115) that commenced on 1 January 2009.
[2]           After subregulation 13 (5)
insert
         (6)   A refund under this regulation may be paid:
                (a)    in Australian currency; or
               (b)    if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.
[3]           Schedule 3, heading
substitute
Schedule 3        Fees to accompany applications
(subregulation 12A (1))
  
[4]           Schedule 3, item 5, column 2
omit each mention of
3 months
insert
90 days
 
Schedule 2        Amendments of Migration Regulations 1994 relating to bridging visas
(regulation 4)
 
[1]           Schedule 2, clause 050.611A
omit
[2]           Schedule 2, clause 050.614
after
8401,
insert
8402,
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 

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