Migration Agents Registration (Application) Levy Act 1992 (Cth)

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C2004C05383

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992
- Updated as at 20 November 1995 (#DATE 20:11:1995)

*1* The Migration Agents Registration (Application) Levy Act 1992 as shown in this reprint comprises Act No. 86, 1992 amended as indicated in the Tables below. Table of Acts Act Date Date of Application Number and of assent commencement saving or year transitional provisions Migration Agents Registration (Application) Levy Act 1992 86, 1992 30 June 1992 21 Sept 1992 (see s. 2 and Gazette 1992, No. S262) Migration Agents Registration (Application) Levy Amendment Act 1995 111, 1995 29 Sept 1995 1 Nov 1995 (see Gazette 1995, No. GN43) S. 3 (2) Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 6 rs. No. 111, 1995 #ADD 28:11:1995

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Interpretation 4. Imposition of levy 5. Exemption 6. Amount of levy 7. By whom the levy is payable

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - LONG TITLE

SECT

An Act to impose a levy on applications by individuals for registration as migration agents

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 1
Short title

SECT

1. This Act may be cited as the Migration Agents Registration (Application) Levy Act 1992.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 2
Commencement

SECT

2. This Act commences on the day on which the Migration Amendment Act (No. 3) 1992 commences.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 3
Interpretation

SECT

3. In this Act, unless the contrary intention appears: "entrance applicant", "immigration assistance", "immigration case", "paid immigration assistance" and "registration application" have the same meanings as in Part 2A of the Migration Act 1958.

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 4
Imposition of levy

SECT

4. Levy is imposed on an individual's making of a registration application.

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 5
Exemption

SECT

5. Levy is not imposed on the making of a registration application by an individual who proposes to give immigration assistance to entrance applicants only in his or her capacity as an employee of, or a voluntary worker for, a person or organisation that does not charge entrance applicants a fee, nor require any other reward from them, for the giving of such assistance.

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 6
Amount of levy

SECT

6. (1) The amount of levy payable in respect of a registration application made in a financial year starting on or after 1 July 1995 is, subject to subsection (3), the amount worked out under the formula: new CGFCE number x relevant base rate base CGFCE number where: "new CGFCE number" means the number worked out as follows: (a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Department of Finance after 1 January in the previous financial year; (b) find the number that relates to the period ending on 31 December in the previous financial year; (c) that number is the new CGFCE number; "base CGFCE number" means the number worked out as follows: (a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Department of Finance after 1 January in the previous financial year; (b) find the number that relates to the period ending on 31 December 1993; (c) that number is the base CGFCE number; "relevant base rate" means the base rate applicable under subsection (2) to the registration application.

(2) The base rate applicable to a registration application is as foll ows: (a) if, at the time of making the registration application, the individual who makes the application proposes to give immigration assistance in the capacity of an employee of a registered agent, an employee of a partnership at least one of whose members is a registered agent, or an employee of a corporation at least one of whose executive officers is a registered agent, then: (i) if he or she also proposes at that time to give during the period of registration, and during that period gives, paid immigration assistance in no more than 5 cases - $50; or (ii) if subparagraph (i) does not apply - $525; (b) if the individual who makes the registration application is not proposing, at the time of making the application, to give immigration assistance in any of the capacities mentioned in paragraph (a), then: (i) if he or she proposes at that time to give during the period of registration, and during that period gives, paid immigration assistance in no more than 5 cases - $105; or (ii) if subparagraph (i) does not apply - $1,050.

(3) If an amount worked out under the formula in subsection (1) is no t a multiple of $5, the amount is to be rounded as follows: (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; (b) in any other case - round the amount down to the nearest lower multiple of $5.

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY ACT 1992 - SECT 7
By whom the levy is payable

SECT

7. Levy is payable by the individual making the registration application.
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