Migration Agents Registration (Application) Levy Amendment Act 1995 (Cth)

Migration Agents Registration (Application) Levy Amendment Act 1995

No. 111 of 1995

An Act to amend the Migration Agents Registration (Application) Levy Act 1992, and for related purposes

[Assented to 29 September 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Migration Agents Registration (Application) Levy Amendment Act 1995.

(2) In this Act, “Principal Act” means the Migration Agents Registration (Application) Levy Act 19921.

Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

Repeal and substitution of section 6

3. (1) Section 6 of the Principal Act is repealed and the following section is substituted:

Amount of levy

“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:

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 follows:

(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 not 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.”.

(2) The amendment made by subsection (1) applies to registration applications made on or after the day on which this section commences.

NOTE

Migration Agents Registration (Application) Levy Act 1992

1. No. 86, 1992.

[Minister’s second reading speech made in—

House of Representatives on 9 February 1995 Senate on 27 February 1995