{"id":"F2016L01779","name":"Visas Attracting a Non-Internet Application Charge 2016/099","slug":"visas-attracting-a-non-internet-application-charge-2016-099","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95451,"registerId":"commonwealth-F2016L01779-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"VISAS ATTRACTING A NON-INTERNET APPLICAT","sectionType":"part","heading":"VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099","content":"# VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099\n\n(paragraph 2.12C(7)(a) and subregulation 2.12C(8))\n\nI, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulations 2.12C(7) and 2.12C(8) of the Migration Regulations 1994 (the Regulations):\n\n1.  REVOKE Instrument IMMI 13/145 (F2013L01937), Visas Attracting a Non-Internet Application Charge, signed 7 November 2013;\n2.  SPECIFY for the purposes of paragraph 2.12C(7)(a) of the Regulations the following visas:\n    1.  Subclass 155 – Five Year Resident Return;\n    2.  Subclass 157 – Three Month Resident Return;\n    3.  Subclass 417 – Working Holiday;\n    4.  Subclass 462 – Work and Holiday;\n    5.  Subclass 476 – Skilled – Recognised Graduate; and\n    6.  Subclass 485 – Temporary Graduate.\n3.  SPECIFY for the purposes of subregulation 2.12C(8) of the Regulations (in the Schedule to this Instrument) the circumstances where the non-Internet application charge is not payable by an applicant.\n\nThis Instrument Visas Attracting a Non-Internet Application Charge 2016/099, IMMI 16/099 commences immediately after the commencement of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016.\n\nDated: 16 November 2016\n\nPeter Dutton\n\nTHE HON PETER DUTTON MP\n\nMinister for Immigration and Border Protection\n\n  \nSCHEDULE\n\n|     | Circumstances                                                                                                                                                                                                                                                                               | For Applicant of Visa Subclass           |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------- |\n| 1   | The movement database (being a notified data base for the purposes of section 489 of the Migration Act 1958 (the Act)) does not contain a movement record on or after 1 September 1994 in relation to the applicant.                                                                        | 155 and 157                              |\n| 2   | The applicant last entered Australia on or after 1 September 1994 and held a temporary visa at the time of that entry and has not been granted a permanent visa since last entering Australia.                                                                                              | 155 and 157                              |\n| 3   | The applicant claims to be a member of the family unit of a visa holder of a Subclass 476 visa or a Subclass 485 visa that was granted on the basis of that visa holder having satisfied the primary criteria for the grant of that relevant 476 or 485 visa.                               | 476 and 485                              |\n| 4   | The applicant claims to have a dependent child.                                                                                                                                                                                                                                             | 417 and 462                              |\n| 5   | The Minister has waived condition 8503, 8534 or 8535 in relation to the applicant (under regulation 2.05 of the Migration Regulations 1994).                                                                                                                                                | All visa subclasses that are NIAC liable |\n| 6   | The applicant is the holder of a Subclass 487 visa having satisfied the primary criteria for the grant of the visa and has made a combined application with another applicant who is also a holder of a Subclass 487 visa having satisfied the primary criteria for the grant of that visa. | 485                                      |\n| 7   | The applicant is a former Australian citizen.                                                                                                                                                                                                                                               | All visa subclasses that are NIAC liable |\n| 8   | The applicant is not the holder of a travel document required for the lodgement of an Internet application.                                                                                                                                                                                 | 155 and 157                              |\n| 9   | The applicant is barred from lodging an application by the operation of section 48 of the Act.                                                                                                                                                                                              | 155 and 157                              |\n| 10  | The applicant has not held a class of visa required for the lodgement of an Internet application.                                                                                                                                                                                           | 155 and 157                              |\n| 11  | The applicant has not previously held a subclass 462 visa                                                                                                                                                                                                                                   | 462                                      |","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its predecessor (IMMI 13/145). It simply updates the list of affected visas and exemptions. The purpose remains exactly as originally intended: to specify which visas attract the non-Internet application charge and the exemptions from that charge."},"complexity_factors":["Short, single-purpose instrument (3 operative clauses plus schedule)","Only 6 visa subclasses specified","11 exemption circumstances in tabular format, mostly straightforward factual conditions","Minimal cross-referencing (only references to Migration Regulations 1994 and Migration Act 1958)","No nested definitions or complex conditional logic","Self-contained: all operative content visible without external schedules (except the Schedule attached)"],"plain_english_summary":"This ministerial instrument specifies which visa applications attract a non‑Internet application charge (NIAC) if lodged on paper and identifies 11 specific exemptions. It applies to six visa types: subclasses 155, 157, 417, 462, 476 and 485.\n\nIt matters because qualifying exemptions can save applicants hundreds of dollars (or conversely, cost extra if applicants apply on paper when online is required). It replaces the 2013 version of these rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expressly revokes IMMI 13/145 and replaces it by specifying six visa subclasses as liable for the non‑Internet application charge and listing 11 exemption circumstances. Therefore the instrument alters the previous instrument's specifications (scope and exemptions) by restating which visas attract the charge and when the charge is not payable."},"complexity_factors":["Revocation and replacement of an earlier instrument (IMMI 13/145) requires comparison of lists to identify substantive change.","Cross‑references to the Migration Regulations 1994 (paragraph 2.12C(7)(a) and subregulation 2.12C(8)) create reliance on external regulatory framework.","Schedule lists 11 specific exemption circumstances that hinge on factual records (movement database, entry dates, prior visas, waivers) increasing factual verification needs.","Multiple visa subclasses specified (155, 157, 417, 462, 476, 485) with some exemptions applying to subsets: requires subclass‑specific application of rules.","Interplay with other statutory provisions (section 489 movement database, section 48 barring, regulation 2.05 waivers) creates procedural dependencies.","Administrative discretion and proof burdens: Department must check records or waiver status; applicants may need to establish exemptions with documentary evidence."],"plain_english_summary":"This instrument revokes a 2013 instrument and mechanically re‑specifies which visa subclasses attract a non‑Internet application charge and the circumstances in which that charge is not payable. It applies to applicants for the listed subclasses and determines who must pay the additional fee and when the fee is waived. It shifts payment obligations onto certain visa applicants, creates specified exemptions tied to immigration records and past visa status, and thereby changes administrative proof and compliance tasks for applicants and the Department."}},"importantCases":[],"_links":{"self":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099","history":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099/history","analysis":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099/analysis","conflicts":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099/conflicts","importantCases":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099/important-cases","documents":"/api/acts/visas-attracting-a-non-internet-application-charge-2016-099/documents"}}