Compilation #3 | Effective 2015-12-10
FRBR Work URI: /akn/au/act/1997/26
This Act may be cited as the Migration (Visa Application) Charge Act 1997.
This Act commences on a day to be fixed by Proclamation.
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.
(1) This Act extends to the territories to which the Migration Act 1958 extends.
Visa application charge is payable in relation to a visa application whether the application is made inside Australia or outside Australia.
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.
Visa application charge payable under Migration Act 1958 is imposed.section 45A of the
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.
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.
The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.
Calculations under subsection (2):
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
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).
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:
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;
in any other case—round the amount down to the nearest lower multiple of $5.
Financial year beginning 1 July 2002
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
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
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.
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:
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;
in any other case—round the amount down to the nearest lower multiple of $5.
Contributory Parent Visa Composite Index zero or less
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
Endnote 3—Legislation history
Endnote 4—Amendment history