# Regulations

> act-s504 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

504 Regulations
          (1) The Governor-General may make regulations, not inconsistent with
              this Act, prescribing all matters which by this Act are required or
              permitted to be prescribed or which are necessary or convenient to
              be prescribed for carrying out or giving effect to this Act and,
              without limiting the generality of the foregoing, may make
              regulations:
                (a) making provision for and in relation to:
                      (i) the charging and recovery of fees in respect of any
                          matter under this Act or the regulations, including the









                            fees payable in connection with the review of decisions
                            made under this Act or the regulations, whether or not
                            such review is provided for by or under this Act; or
                       (ii) the charging and recovery of fees in respect of English
                            language tests conducted by or on behalf of the
                            Department;
                      (iii) the way, including the currency, in which fees are to be
                            paid; or
                      (iv) the persons who may be paid fees on behalf of the
                            Commonwealth;
                 (b) making provision for the remission, refund or waiver of fees
                      of a kind referred to in paragraph (a) or for exempting
                      persons from the payment of such fees;
                 (c) making provision for or in relation to the furnishing or
                      obtaining of information with respect to:
                        (i) persons on board a vessel arriving at a port in Australia
                            in the course of, or at the conclusion of, a voyage or
                            flight that commenced at, or during which the vessel
                            called at, a place outside Australia; and
                       (ii) persons on board a vessel leaving a port in Australia and
                            bound for, or calling at, a place outside Australia; and
                      (iii) persons on board an aircraft arriving at or departing
                            from an airport in Australia, being an aircraft operated
                            by an international air carrier;
                 (d) making provision for and in relation to the use that may be
                      made by persons or bodies other than officers of the
                      Department of information collected pursuant to regulations
                      made under paragraph (c);
                 (e) making provision for and in relation to:
                        (i) the giving of documents to;
                       (ii) the lodging of documents with; or
                      (iii) the service of documents on;
                      the Minister, the Secretary or any other person or body, for
                      the purposes of this Act;
                  (f) prescribing the practice and procedure in relation to
                      proceedings before a Commissioner or a prescribed authority








                      under this Act, including the summoning of witnesses, the
                      production of documents, the taking of evidence on oath or
                      affirmation, the administering of oaths or affirmations and
                      the payment of expenses of witnesses;
                 (g) requiring assurances of support to be given, in such
                      circumstances as are prescribed or as the Minister thinks fit,
                      in relation to persons seeking to enter, or remain in, Australia
                      and providing for the enforcement of assurances of support
                      and the imposition on persons who give assurances of
                      support of liabilities in respect of the maintenance of, and
                      other expenditure in connexion with, the persons in respect of
                      whom the assurances of support are given;
                  (i) enabling a person who is alleged to have contravened
                      section 137 to pay to the Commonwealth, as an alternative to
                      prosecution, a prescribed penalty, not exceeding 10 penalty
                      units;
                  (j) enabling a person who is alleged to have contravened
                      section 229 or 230 to pay to the Commonwealth, as an
                      alternative to prosecution, a prescribed penalty, not
                      exceeding:
                        (i) in the case of a natural person—30 penalty units; and
                       (ii) in the case of a body corporate—100 penalty units; and
               (jaa) enabling a person who is alleged to have committed an
                      offence against subsection 245N(2) to pay to the
                      Commonwealth, as an alternative to prosecution, a prescribed
                      penalty, not exceeding 10 penalty units; and
                (ja) enabling a person who is alleged to have committed an
                      offence against subsection 280(1) to pay to the
                      Commonwealth, as an alternative to prosecution, a penalty of
                      12 penalty units; and
                 (k) prescribing penalties, of imprisonment for a period not
                      exceeding 6 months or a fine not exceeding 10 penalty units,
                      in respect of offences against the regulations; and
                  (l) making provision for matters that, under the Education
                      Services for Overseas Students Act 2000, are required or
                      permitted to be prescribed in regulations made under this
                      Act.








          (2) Section 14 of the Legislation Act 2003 does not prevent, and has
              not prevented, regulations whose operation depends on a country
              or other matter being specified or certified by the Minister in an
              instrument in writing made under the regulations after the
              commencement of the regulations.
        (2A) The regulations that may be made under paragraph (1)(e) include,
             but are not limited to, regulations specifying circumstances in
             which a document is to be taken to have been given in a specified
             way.
          (3) The regulations that may be made under paragraph (1)(e) include,
              but are not limited to, regulations providing that a document given
              to, or served on, a person in a specified way shall be taken for all
              purposes of this Act and the regulations to have been received by
              the person at a specified or ascertainable time.
        (3A) The Evidence Act 1995 does not affect the operation of regulations
             made for the purposes of paragraph (1)(e).
          (4) Regulations in respect of a matter referred to in paragraph (1)(g)
              may apply in relation to maintenance guarantees given before the
              commencement of this Part in accordance with the regulations that
              were in force under any of the Acts repealed by this Act.
          (5) An assurance of support given, after the commencement of this
              subsection, in accordance with regulations under paragraph (1)(g)
              continues to have effect, and may be enforced, in accordance with
              such regulations in spite of any change in circumstances
              whatsoever.
        (5A) The following have effect only in relation to assurances of support
             that were given before 1 July 2004 and are not assurances of
             support in relation to which Chapter 2C of the Social Security Act
             1991 applies or applied:
               (a) subsection (5) of this section;
               (b) regulations made under paragraph (1)(g) (whether before, on
                   or after the commencement of this subsection) providing for:
                     (i) the enforcement of assurances of support; or









                      (ii) the imposition on persons who give assurances of
                           support of liabilities in respect of the maintenance of,
                           and other expenditure in connection with, the persons in
                           respect of whom the assurances of support are given.
          (6) In this section:
               international air carrier means an air transport enterprise that
               operates an air service between Australia and a place outside
               Australia.
