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

Migration Agents Registration (Renewal) Levy Act 1992

Act No. 87 of 1992 as amended

[Note: This Act is repealed by Act No. 205 of 1997]

This compilation was prepared on 28 August 2000

taking into account amendments up to Act No. 205 of 1997

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to impose a levy on renewals of individuals’ registrations as migration agents

1Short title [see Note 1]

This Act may be cited as the Migration Agents Registration (Renewal) Levy Act 1992.

2Commencement [see Note 1]

This Act commences on the day on which the Migration Amendment Act (No 3) 1992 commences.

3Interpretation

In this Act, unless the contrary intention appears:

entrance applicant, immigration assistance, immigration case, paid immigration assistance and registered agent have the same meanings as in Part 2A of the Migration Act 1958.

4Imposition of levy

Levy is imposed on the renewal of an individual’s registration as a registered agent.

5Exemption

Levy is not imposed on the renewal of the registration of a registered agent who gives 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.

6Amount of levy

1. (1)

   The amount of levy payable in respect of a registration renewed 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:

1. (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;

2. (b)

   find the number that relates to the period ending on 31 December in the previous financial year;

3. (c)

   that number is the new CGFCE number.

base CGFCE number means the number worked out as follows:

1. (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;

2. (b)

   find the number that relates to the period ending on 31 December 1993;

3. (c)

   that number is the base CGFCE number.

relevant base rate means the base rate applicable under subsection (2) to the renewal of the registration.

1. (2)

   The base rate applicable to a renewal of a registration is as follows:

   1. (a)

      if, at the time of the renewal, the individual whose registration is renewed 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:

      1. (i)

         if he or she also proposes at that time to give during the period for which the registration is continued, and during that period gives, paid immigration assistance in no more than 5 cases—$50; or

      2. (ii)

         if subparagraph (i) does not apply—$525;

   2. (b)

      if the individual whose registration is renewed is not proposing, at the time of that renewal, to give immigration assistance in any of the capacities mentioned in paragraph (a), then:

      1. (i)

         if he or she proposes at that time to give during the period for which the registration is continued, and during that period gives, paid immigration assistance in no more than 5 cases—$105; or

      2. (ii)

         if subparagraph (i) does not apply—$1,050.

2. (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:

   1. (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;

   2. (b)

      in any other case—round the amount down to the nearest lower multiple of $5.

7By whom the levy is payable

Levy is payable by the individual whose registration is renewed.

Notes to theMigration Agents Registration (Renewal) Levy Act 1992

Note 1

The Migration Agents Registration (Renewal) Levy Act 1992 as shown in this compilation comprises Act No. 87, 1992 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

Migration Agents Registration (Renewal) Levy Act 1992	87, 1992	30 June 1992	21 Sept 1992 (see s. 2 and Gazette 1992, No. S262)
Migration Agents Registration (Renewal) Levy Amendment Act 1995	112, 1995	29 Sept 1995	1 Nov 1995 (see Gazette 1995, No. GN43)	S. 3(2)
Migration Legislation Amendment (Migration Agents) Act 1997	205, 1997	17 Dec 1997	Schedule 2 (item 2) (a)	—

(a) The Migration Agents Registration (Renewal) Levy Act 1992 was repealed by Schedule 2 (item 2) of the Migration Legislation Amendment (Migration Agents) Act 1997, subsection 2(1) of which provides as follows:

1. (1)

   Subject to this section, this Act commences immediately before 21 March 1998.

Table of Amendments

1. ad. = added or inserted

   am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

S. 6........................................... rs. No. 112, 1995