EXPLANATORY STATEMENT
Migration Act 1958
DETERMINATION OF THE COLLECTION OF THE REGISTRATION STATUS CHARGE
(Section 332A)
- This Instrument is made under Section 332A of the Migration Act 1958 (‘the Act’).
2. Subsection 332A(1) of the Act provides that a Registration status charge is due and payable at the time worked out in accordance with a determination made, by legislative instrument, by the Migration Agents Registration Authority.
3. Subsection 332A(3) of the Act provides that Registration status charge that has become due for payment may be recovered by the Migration Agents Registration Authority, on behalf of the Commonwealth, as a debt due to the Commonwealth.
4. The purpose of the Instrument is to:
- revoke the previous Instrument IMMI 13/044 made under section 332A of the Act; and
- update the determination so that the charge under section 10 of the Migration Agents Registration Application Charge Act 1997 becomes due and payable on the day that the agent notifies the Authority, in accordance with section 312(1)(ea) of the Act, that he or she begins to give immigration assistance on a commercial/for-profit basis, or within 14 days of the change in registration status taking place, rather than the charge being due 28 days after the date on the invoice for the charge.
5. The instrument operates to determine when the registration status charge imposed upon a registered migration agent who changes from providing immigration assistance on a non-commercial basis to a commercial basis becomes due and payable. The instrument determines that the charge becomes due and payable at the time the agent notifies the Authority of their change of registration status or within 14 days of the change of registration status taking place.
6. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16746).
8. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided (attached).
9. The instrument, IMMI 14/027, commences on 9 May 2014.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Determination of the collection of the registration status charge
(Section 332A)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This instrument operates in accordance with section 332A of the Migration Act 1958 (the ‘Act’) to determine when the registration status charge imposed on a registered migration agent becomes due and payable. A registered migration agent incurs a registration status charge when they commence giving immigration assistance on a commercial basis during a period of registration for which they have paid the non-commercial registration fee.
This instrument revokes the previous instrument made under section 332A of the Act and updates it to determine that the charge under section 10 of the Migration Agents Registration Application Charge Act 1997 becomes due and payable on the day that the agent notifies the Authority that he or she begins to give immigration assistance on a commercial/for-profit basis, or within14 days of the change of the status taking place, rather than the charge being due 28 days after the date on the invoice for the charge. The amendment is of a technical nature and does not significantly alter existing arrangements.
Human rights implications
The Legislative Instrument has been assessed against the seven core international human rights treaties and does not engage any of the applicable rights or freedoms articulated therein.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Delegate of the Minister for Immigration and Border Protection.