Regulations and Determinations

The majority voted against a motion to disallow the Migration Amendment (Visa Application Charges) Regulations 2024, which means they will remain in power. The motion was introduced by NSW Senator David Shoebridge (Greens).

Motion text

That the Migration Amendment (Visa Application Charges) Regulations 2024, made under the Migration Act 1958, be disallowed [F2024L00790].

What do these regulations do?

According to the regulation's explanatory memorandum:

The Migration Act 1958 (the Migration Act) is an Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

Subsection 45B(1) of the Migration Act provides that the amount of the visa application charge (VAC) is the amount, not exceeding the VAC limit, prescribed by the Migration Regulations 1994 (the Migration Regulations) in relation to the visa application. The VAC limit is calculated with reference to sections 5 and 6 of the Migration (Visa Application) Charge Act 1997 (the VAC Act).

The purpose of the Migration Amendment (Visa Application Charges) Regulations 2024 (the Amendment Regulations) is to amend the Migration Regulations to implement the annual indexation of VACs in line with the forecast Consumer Price Index (CPI) and rounded to the nearest $5.

Senator Shoebridge argued that:

The Labor government is basically using multicultural diaspora communities in this country as cash cows. It is squeezing money from families trying to build a life here and from students trying to get an education, only to turn around and slap them in the face.

Error in this record (as of 17/08/2024)

Note that this record currently lists West Australian Senator Fatima Payman as a rebel voter, but this is inaccurate as Senator Payman is no longer part of the Labor Party and is now an Independent.