Immigration Amendment Act 2015

102 Section 399 amended (Migrant levy)

(1)

In the heading to section 399, replace Migrant with Immigration.

(2)

In section 399(1), replace “a migrant levy on persons who are granted a visa” with “an immigration levy on applicants for a visa”.

(3)

In section 399(2)(b), after “immigration”, insert “; and”.

(4)

After section 399(2)(b), insert:

(c)

the infrastructure required for, and the operation of, the immigration system, including (without limitation) for the following purposes:

(i)

establishing and verifying the identity of persons:

(ii)

managing risk to the integrity of the immigration system:

(iii)

managing immigration risk to the safety and security of New Zealand:

(iv)

managing compliance with the immigration system; and

(d)

activities aimed at attracting migrants to New Zealand; and

(e)

the Immigration Advisers Authority, to the extent that it is not otherwise funded.

(5)

Replace section 399(3)(a) with:

(a)

specify the categories or classes of applicants who are liable to pay the immigration levy:

(6)

In section 399(3)(c), replace “migrant” with “applicants”.

(7)

In section 399(3)(e), delete “pending the grant of a visa”.

(8)

After section 399(3), insert:

(3A)

The Minister may, by special direction,—

(a)

exempt any person or persons from the obligation to pay all or part of the levy; or

(b)

refund all or part of a levy paid.

(9)

In section 399(5), replace “migrant” with “immigration” in each place.

(10)

After section 399(6), insert—

(7)

In this subsection and subsection (8),—

commencement date means that date on which section 102 of the Immigration Amendment Act 2015 came into force

migrant levy means the levy payable under this section immediately before the commencement date

relevant person means a person who, immediately before the commencement date, was a person who—

(a)

had applied for, but had not yet been granted, a visa; and

(b)

would have been liable to pay the migrant levy if the visa had been granted before the commencement date.

(8)

On and after the commencement date,—

(a)

a relevant person is not liable to pay, in respect of an application for a visa made before the commencement date, the immigration levy imposed by regulations that apply after the commencement date; but

(b)

if the relevant person is granted a visa on the basis of that application, he or she is liable to pay the migrant levy that would have been payable if section 102 of the Immigration Amendment Act 2015 had not come into force.