{"id":"C2004A05125","name":"Migration (Visa Application) Charge Act 1997","slug":"migration-visa-application-charge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"26 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":39045,"registerId":"commonwealth-C2004A05125-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Migration (Visa Application) Charge Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) This Act commences on a day to be fixed by Proclamation.\n  (2) 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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act to extend to certain territories","content":"#### 3 Act to extend to certain territories\n\n  (1) This Act extends to the territories to which the Migration Act 1958 extends.\n  (2) Visa application charge is payable in relation to a visa application whether the application is made inside Australia or outside Australia.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Definitions","content":"#### 3A Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> 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.\n\n> 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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Imposition of visa application charge","content":"#### 4 Imposition of visa application charge\n\n  Visa application charge payable under section 45A of the Migration Act 1958 is imposed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"The visa application charge limit—most visas","content":"#### 5 The visa application charge limit—most visas\n\n  (1) 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.\n  (2) 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:\n  ![](image.002.png)\n  where:\n\n> CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n\n> index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.\n\n  (3) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.\n  (4) Calculations under subsection (2):\n    (a) 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\n    (b) 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).\n  (5) 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:\n    (a) 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;\n    (b) in any other case—round the amount down to the nearest lower multiple of $5.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"The visa application charge limit—contributory parent visas","content":"#### 6 The visa application charge limit—contributory parent visas\n\n  Financial year beginning 1 July 2002\n  (1) 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.\n  Later financial years\n  (2) 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.\n  Contributory Parent Visa Composite Index more than zero\n  (3) 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):\n  ![](image.003.png)where:\n\n> previous charge limit means the charge limit for the financial year before the later financial year.\n\n  (4) 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:\n    (a) 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;\n    (b) in any other case—round the amount down to the nearest lower multiple of $5.\n  Contributory Parent Visa Composite Index zero or less\n  (5) 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.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act, as structured here, extends beyond a single uniform fee-setting rule by creating two distinct regimes: a general CPI-linked regime for most visas (s5) and a separate actuarially-indexed regime for contributory parent visas (s6, s3A). Those additions (the separate base amount and the Contributory Parent Visa Composite Index) broaden the original single-purpose mechanism (setting a maximum charge) into differentiated treatment for a particular visa class. The Act also adds precise technical calculation and rounding rules and expressly applies the charge to all territories and to applications made inside and outside Australia (s3, s5, s6)."},"complexity_factors":["Short Act: 6 substantive sections plus definitions (compact overall)","4 defined or specialised terms in the Act text (contributory parent visa, Contributory Parent Visa Composite Index, CPI quarter, index number)","Two separate indexation tracks (most visas under CPI formula; contributory parent visas under an actuarial composite index) — conditional logic","Mathematical formulae for indexation that require external CPI numbers and a published actuarial index (s5(2), s6(3))","Precise rounding rules: 3-decimal calculation with a fourth-decimal tie-breaker and final rounding to the nearest $5 with a $2.50 threshold (s5(3), s5(5), s6(4))","Cross-references to other statutory/sourced material: Migration Act 1958 (s4, s3), Australian Statistician CPI publications, and Australian Government Actuary publications (s5(2), s6(3), s3A)","Limited but specific exceptions: contributory-parent index zero-or-less freezes increases for that visa class (s6(5))"],"plain_english_summary":"**What this law does (mechanically)\n\n- Imposes a visa application charge that is payable under the Migration Act 1958 (see s4). That is, when someone applies for a visa they may have to pay a fee set by this Act.\n- Applies to all territories covered by the Migration Act and to applications made both inside and outside Australia (s3).\n- Sets the initial charge limit for \"most visas\" at $12,500 for the 1996–97 financial year and then prescribes an annual indexation method based on the Consumer Price Index (CPI) to update that limit for later years (s5).\n- Establishes a separate starting charge limit for \"contributory parent\" visas ($26,745 for 2002–03) and provides a different indexation rule that uses a Contributory Parent Visa Composite Index published by the Australian Government Actuary; if that index is zero or negative, the contributory-parent charge does not increase that year (s3A, s6).\n- Contains precise rounding and calculation rules for the indexation formulas (s5(2)–(5); s6(3)–(5)).\n- Commencement is by proclamation, or automatically after six months if no proclamation is made (s2).\n\nWho this affects\n\n- Visa applicants: the primary and direct payers of the charge are people applying for visas covered by the Migration Act. The charge limit sets the maximum amount that can be required for an application in a given financial year (s4–s6).\n- The Department/administrative agencies that collect the charges: they implement the charging rules and rely on published CPI data and, for contributory parent visas, an actuarial index provided by the Australian Government Actuary (s5(2), s6(3)).\n\nWhy it matters (official claim, then mechanical test)\n\n- Officially, the Act sets and adjusts the maximum charge that can be imposed on visa applications so the limit keeps pace with inflation or a specific actuarial index for contributory parent visas (see s5 and s6). That is the stated purpose.\n\nPractical effects, costs and incentives\n\n- Who pays: individual visa applicants (s4). The government receives the proceeds; revenue collection is concentrated (the government benefits directly) while costs are dispersed across applicants.\n- Who decides: Parliament defines the statutory formula and base amounts; statistical agencies (Australian Statistician for CPI) and the Australian Government Actuary (for the contributory-parent index) supply the numbers that feed the formulae (s5(2), s6(3), s3A).\n- Behavioural incentives and likely trade-offs: higher or rising charge limits increase the direct cost of applying for visas, which can reduce applications or encourage applicants to seek alternative visa pathways with lower effective costs. For contributory parent visas, the separate actuarial index links charges to a specific cost/income measure—if that index falls to zero or below there is no increase in the charge (s6(5)), which moderates year-to-year changes for that class.\n- Compliance and administrative issues: the Act relies on external published indices and precise rounding/decimal rules. Implementers must follow the CPI-quarter selections, rounding to three decimals with a specific rule for the fourth decimal (s5(2)–(3)), and round the final dollar amount to the nearest multiple of $5 by prescribed rules (s5(5), s6(4)). Those technical steps create low but non-trivial administrative work and a small risk of errors if index publications or substitutions occur (s5(4)).\n- Competition and private enterprise: the law affects private parties only insofar as employers or sponsors who facilitate migration may see altered costs passed on to them or applicants. It does not directly regulate private enterprise competition, ownership or pricing outside the visa-fee context.\n- Concentrated benefits / diffuse costs: the revenue benefit is concentrated to the Commonwealth; the fiscal cost is dispersed across current and prospective visa applicants. The Act creates no direct subsidy or targeted benefit for specific private actors.\n- Discretion and rent-seeking risk: the mechanism is formulaic (CPI or the actuarial index), so there is limited administrative discretion in annual increases. However, policy choices about base levels and the decision to maintain a separate actuarial track for contributory parent visas are political choices made by Parliament when setting or amending the Act.\n\nKey operational details to note\n\n- Two tracks: a general CPI-based indexation for most visas (s5) and a separate contributory-parent track using an actuarial composite index (s6 and s3A).\n- Rounding rules: indexation factors are calculated to 3 decimal places with a tie-breaking rule at the 4th decimal; final dollar amounts are rounded to the nearest multiple of $5 according to specified thresholds (s5(3), s5(5), s6(4)).\n- External dependencies: uses CPI figures from the Australian Statistician and a composite index published by the Australian Government Actuary (s5(2), s6(3), s3A).\n\nNet mechanical effect in one line\n\nParliament sets maximum visa application charges and prescribes formulae and rules for annual increases (CPI for most visas; a separate actuarial index for contributory parent visas), so visa application charges rise automatically according to those published indices unless the contributory-parent index is zero or negative (s4–s6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the legal basis for visa application charges and setting statutory caps on those charges. The addition of section 6 for contributory parent visas (added after 2002) was a targeted expansion to accommodate a specific visa category with higher fees, rather than scope creep. The core function—imposing and limiting visa charges—has not expanded beyond this original intent."},"complexity_factors":["Two separate calculation methods for fee caps: one for most visas (CPI-based indexation in section 5) and one for contributory parent visas (Composite Index-based in section 6)","Mathematical formulas with specific rounding rules (to 3 decimal places, with conditional rounding up based on 4th decimal place)","Cross-reference dependency: the actual charge amounts are set in the Migration Act 1958 (section 45A), while this Act only imposes and caps them","Specific technical definitions requiring external data sources: 'index number' references Australian Bureau of Statistics CPI data, and 'Contributory Parent Visa Composite Index' requires publication by the Australian Government Actuary","Conditional logic for contributory parent visas: different calculation paths depending on whether the Composite Index is above or below zero","Precise rounding mechanics: $5 rounding thresholds with $2.50 as the decision point"],"plain_english_summary":"This law sets up the system for charging fees when people apply for visas to enter or stay in Australia.\n\n**What it does:**\n- **Imposes a 'visa application charge'** — essentially, a fee you must pay when you apply for a visa (this is the legal authority that allows the government to collect the money)\n- **Sets maximum limits** on how much the government can charge for most visa applications, with these limits automatically increasing each year based on inflation (using the Consumer Price Index)\n- **Creates a special, higher fee structure** for 'contributory parent visas' — these are visas that allow parents of Australian citizens or permanent residents to move to Australia, but they cost significantly more because they include a contribution to Australia's health and welfare costs\n\n**Who it affects:**\n- Anyone applying for an Australian visa (whether they're inside or outside Australia)\n- Specifically, people applying for 'contributory parent visas' face much higher fees with a different calculation method based on a special index published by the Australian Government Actuary\n\n**Why it matters:**\nThis law ensures visa fees can't be set arbitrarily high — there's a legal cap that increases predictably with inflation. For regular visas, this cap started at $12,500 in 1996-97. For contributory parent visas, it started at $26,745 in 2002-03 and uses a different, more complex formula. Without this law, the government couldn't legally charge these fees."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original Act (1997) covered only general visas with a single CPI-based cap. The scope was later expanded — notably through amendments introducing section 6 — to create a separate, more complex charging regime specifically for Contributory Parent visas, reflecting a policy decision to impose significantly higher charges on that visa class and to index them differently using actuarially-derived healthcare cost projections rather than general inflation."},"complexity_factors":["Two separate indexation regimes — one for general visas (CPI-based) and one for Contributory Parent visas (a bespoke composite index)","Mathematical formulae embedded in the legislation (referencing images, suggesting formula-based calculations not fully reproducible from plain text alone)","Precise rounding rules requiring careful application (3 decimal places, $5 rounding thresholds)","CPI calculation rules with specific conditions — e.g., using only the most recent index reference period and ignoring substituted figures (with an exception for reference period changes)","Cross-referencing with the Migration Act 1958 and subordinate regulations to understand which visas are actually covered","The Contributory Parent Visa Composite Index is an external, non-legislative document (published by the Australian Government Actuary), creating a dependency on a figure not contained in the Act itself","Conditional logic across multiple subsections (e.g., subsection (2) or (5) of section 6 depending on the value of the Index)"],"plain_english_summary":"The Migration (Visa Application) Charge Act 1997 fixes a legal ceiling on how much the Australian Government may charge for visa applications, covering all applicants (including those in territories). It doesn’t set fees themselves but automatically indexes the cap annually to inflation for most visas, while a higher, separately indexed cap applies to Contributory Parent visas. The Act protects applicants by ensuring statutory fees cannot exceed that capped, inflation‑adjusted limit."}},"importantCases":[],"_links":{"self":"/api/acts/migration-visa-application-charge-act-1997","history":"/api/acts/migration-visa-application-charge-act-1997/history","analysis":"/api/acts/migration-visa-application-charge-act-1997/analysis","conflicts":"/api/acts/migration-visa-application-charge-act-1997/conflicts","importantCases":"/api/acts/migration-visa-application-charge-act-1997/important-cases","documents":"/api/acts/migration-visa-application-charge-act-1997/documents"}}