12AFees to accompany applications

#### 12A Fees to accompany applications (1) For paragraph 46(1)(d) of the Act, the fee to accompany an application under a provision of the Act is the sum of: (a) the amount (the Schedule 3 amount) set out in Schedule 3 for the application; and (b) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by credit card (other than a payment made in New Zealand currency or Singaporean currency)—the following amount (the credit card surcharge): (i) for payment by Visa or MasterCard credit card—0.98% of so much of the Schedule 3 amount as is paid by credit card; (ii) for payment by American Express or Japan Credit Bureau (JCB) credit card—1.4% of so much of the Schedule 3 amount as is paid by credit card; (iii) for payment by Diners Club International credit card—1.99% of so much of the Schedule 3 amount as is paid by credit card; and (c) if the Schedule 3 amount, or part of the Schedule 3 amount, is paid by the PayPal system (other than a payment made in New Zealand currency or Singaporean currency)—the amount (the PayPal surcharge) of 1% of so much of the Schedule 3 amount as is paid by the PayPal system. (2) Payment of the fee to accompany the application must be made in a place, being Australia or a foreign country, that is mentioned in the places and currencies instrument. > Note: Foreign country is defined in section 2B of the Acts Interpretation Act 1901 as any country (whether or not an independent sovereign state) outside Australia and the external Territories. (3) The payment must also be made in a currency mentioned in the places and currencies instrument as a currency in which a fee may be paid in that place. (4) If the currency in which the amount is to be paid is a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out in accordance with the amount mentioned in the instrument that corresponds to the amount of the fee in Australian dollars. (5) If the currency in which the amount is to be paid is not a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned in the conversion instrument, the amount of the payment is to be worked out using the formula:  where: > AUD means the amount of the fee in Australian dollars. > CER means the highest exchange rate that is lawfully obtainable on a commercial basis for the purchase in the foreign country of Australian currency with the currency of the foreign country in a period that: (a) begins: (i) on the day when this subregulation commences; or (ii) on any subsequent day when the rate increases or decreases by at least 5%; and (b) ends at the end of each day before another period begins. (6) If the amount worked out by the formula cannot be paid wholly in banknotes of a country, the corresponding amount is the amount rounded up to the nearest larger amount that is payable wholly in banknotes of the country. (7) In this regulation: > conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 16/035) that commenced on 1 July 2016. > places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 16/036) that commenced on 1 July 2016.