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COMMONWEALTH ENTITIES (PAYMENT SURCHARGES) (CONSEQUENTIAL PROVISIONS AND OTHER MATTERS) ACT 2024 (NO. 103, 2024) - SCHEDULE 1

Consequential amendments

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.

Migration Regulations   1994

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 .

Part   2 -- Other amendments

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.

Customs Regulation   2015

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.



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