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Migration (Visa Evidence) Charge (Consequential Amendments) Bill 2012

Schedule 1 Amendments

   

Migration Act 1958

1  Subsection 5(1)

Insert:

visa evidence charge means visa evidence charge imposed by the Migration (Visa Evidence) Charge Act 2012 .

2  Subsection 5(1)

Insert:

visa evidence charge limit for a request made under section 70 has the meaning given by the Migration (Visa Evidence) Charge Act 2012 .

3  Sections 70 and 71

Repeal the sections, substitute:

70   Request for evidence of a visa

             (1)  Any of the following persons may request to be given a prescribed form of evidence of a visa at any time while the visa is in effect:

                     (a)  the non-citizen who holds the visa;

                     (b)  a parent or guardian of the non-citizen who holds the visa if the non-citizen is a minor or the non-citizen is incapable of managing his or her affairs;

                     (c)  a person authorised, in writing, by the non-citizen who holds the visa to make a request under this section on the non-citizen’s behalf.

             (2)  The request must:

                     (a)  be made in the prescribed way; and

                     (b)  be lodged at the prescribed place; and

                     (c)  be accompanied by the amount of visa evidence charge payable in relation to the request.

             (3)  The person may withdraw the request at any time before the prescribed form of evidence of the visa is given.

71   Liability to pay visa evidence charge

             (1)  A person who makes a request under section 70 is liable to pay visa evidence charge.

             (2)  The amount of visa evidence charge is the prescribed amount which must not exceed the visa evidence charge limit for the request.

             (3)  Without limiting subsection (2), regulations made for the purposes of that subsection may do any one or more of the following:

                     (a)  specify a different amount of visa evidence charge for different prescribed forms of evidence of a visa;

                     (b)  specify a different amount of visa evidence charge in relation to different classes of visas;

                     (c)  specify a different amount of visa evidence charge for different methods of payment of the charge;

                     (d)  specify a different amount of visa evidence charge where the person elects to have the request dealt with expeditiously;

                     (e)  specify a different amount of visa evidence charge for requests made in different circumstances;

                      (f)  specify circumstances in which the amount of the visa evidence charge is nil;

                     (g)  specify a way for working out the amount of visa evidence charge.

71A   Officer must give evidence of a visa

             (1)  If:

                     (a)  a person makes a request under section 70 in relation to a visa; and

                     (b)  the amount of visa evidence charge for the request has been paid;

an officer must, within a reasonable time after the request is made, give the person a prescribed form of evidence of the visa.

             (2)  Subsection (1) does not apply if:

                     (a)  the request has been withdrawn; or

                     (b)  the visa has ceased to be in effect.

71B   Regulations about visa evidence charge

             (1)  The regulations may make provision for, or in relation to, any of the following matters relating to the visa evidence charge:

                     (a)  the circumstances in which a prescribed form of evidence of a visa may be requested or given;

                     (b)  the method of payment (including the currency in which the charge must be paid);

                     (c)  the persons who may be paid the charge on behalf of the Commonwealth;

                     (d)  the remission, refund or waiver (in whole or in part) of the charge;

                     (e)  the exemption (in whole or in part) of a person from the liability to pay the charge.

             (2)  If the regulations provide that a prescribed form of evidence of a visa may be given by endorsing a valid passport, or other valid travel document, that has been issued to:

                     (a)  a non-citizen; or

                     (b)  another non-citizen associated with that non-citizen;

the Minister may direct, in writing, that a specified document is not to be taken to be a passport or travel document for the purposes of the regulations.

             (3)  A direction under subsection (2) is not a legislative instrument.