Part 1 -- Amendment of migration legislation
Migration (Credit Card Surcharge) Instrument (LIN 24/024) 2024
1 The whole of the instrument
Repeal the instrument.
Migration (PayPal Surcharge) Instrument (LIN 24/025) 2024
2 The whole of the instrument
Repeal the instrument.
3 Subregulation 2.12JA(1) (notes 1 and 2)
Repeal the notes.
4 Subregulation 2.12N(3) (notes 1 and 2)
Repeal the notes.
5 Regulations 5.41A and 5.41B
Repeal the regulations.
Migration Regulations 1994 - Specification of Circumstances in Which a PayPal Surcharge Must be Waived or Refunded 2016/084 - IMMI 16/084
6 The whole of the instrument
Repeal the instrument.
7 Application of amendments
(1) The amendments made by this Part apply in relation to a payment of a fee or charge, or part of a fee or charge, made on or after the commencement of this item.
(2) To avoid doubt, the repeal of the following (about waiving or refunding credit card surcharge or PayPal surcharge) made by this Part does not apply in relation to a credit card surcharge or PayPal surcharge relating to a payment if the payment was made before the commencement of this item:
(a) subregulations 5.41A(4) and (5) and 5.41B(4) and (5) of the Migration Regulations 1994 ;
(b) the Migration Regulations 1994 - Specification of Circumstances in Which a PayPal Surcharge Must be Waived or Refunded 2016/084 - IMMI 16/084 .
Administrative Decisions (Judicial Review) Act 1977
8 At the end of Schedule 2
Add:
; (ze) decisions under section 5 or 6 of the Commonwealth Entities (Payment Surcharges) Act 2024 .
Australian Citizenship Regulation 2016
9 Section 5
Repeal the following definitions:
(a) definition of credit card surcharge ;
(b) definition of PayPal surcharge ;
(c) definition of Schedule 3 amount .
10 Section 16
Repeal the section, substitute:
16 Fees to accompany applications
For the purposes of paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the amount set out in Schedule 3 to this instrument for the application.
11 Subsections 17(5) and (7)
Repeal the subsections.
12 Application of amendments
(1) The amendments of the Australian Citizenship Regulation 2016 made by this Part apply in relation to an application made under a provision of the Australian Citizenship Act 2007 on or after the commencement of this item.
(2) To avoid doubt, despite those amendments, section 17 of the Australian Citizenship Regulation 2016 , as in force immediately before the commencement of this item, continues to apply, on and after that commencement, in relation to refunding the whole or part of a fee (including a credit card surcharge or PayPal surcharge) accompanying an application made under a provision of the Australian Citizenship Act 2007 if the application was made before that commencement.
13 Sections 150B and 150C
Repeal the sections.
14 Application of amendments
(1) The amendments of the Customs Regulation 2015 made by this Part apply in relation to a payment of all or some duty, tax, charge, fee, security, penalty or amount specified in an infringement notice if the payment is made on or after the commencement of this item.
(2) To avoid doubt, the repeal of subsections 150B(4) and 150C(4) of the Customs Regulation 2015 (about refunding credit card surcharge or PayPal surcharge) made by this Part does not apply in relation to a refund of an amount of a payment if the payment was made before the commencement of this item.