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.
Overview
The Migration Act 1958, enacted by the Australian Parliament, governs various aspects of migration and visa-related matters within the country. Among its provisions, the Act includes mechanisms to regulate the conduct of migration agents, ensuring they operate within legal and ethical boundaries. The problem or gap this legislation addresses includes the need for a structured framework to manage the professional standards and compliance of migration agents, particularly in relation to their registration status and the associated charges. The explanatory statement for the Determination of the Collection of the Registration Status Charge, made under Section 332A of the Act, serves to update the timing of when the registration status charge for migration agents becomes payable. This legislative instrument revokes the previous charge determination and adjusts the due date to the day an agent notifies the Migration Agents Registration Authority of their change in status to providing commercial immigration assistance, or within 14 days of the status change occurring, rather than 28 days after the invoice date. The policy objective of this update is to streamline the charge collection process and ensure timely compliance by migration agents transitioning to commercial activities.
Scope and Application
The Migration Act 1958, through the legislative instrument IMMI 14/027, addresses the collection of registration status charges for migration agents who transition from providing non-commercial to commercial immigration assistance. This Act applies to registered migration agents who change their status from non-commercial to commercial, imposing a charge under section 10 of the Migration Agents Registration Application Charge Act 1997. The charge becomes due and payable on the day the agent notifies the Migration Agents Registration Authority of their change in status, or within 14 days of the status change occurring. This instrument revokes the previous charge collection instrument and aligns the charge collection timeline with the actual commencement of commercial services. The instrument has a Commonwealth jurisdictional reach and does not introduce any significant alterations to existing arrangements, being of a technical nature. There are no stated exclusions, exemptions, or thresholds in this instrument, and it does not extend or restrict application through subordinate instruments.
Key Provisions
The primary operative sections of this legislation, under section 332A of the Migration Act 1958, establish the timing for the collection of the registration status charge for migration agents. Specifically, section 332A(1) specifies that the charge becomes due and payable in accordance with a determination made by the Migration Agents Registration Authority through a legislative instrument. Section 332A(3) further provides that any charge that has become due for payment can be recovered by the Authority as a debt due to the Commonwealth. The key change introduced by this instrument, IMMI 14/027, is that the registration status charge now becomes due and payable on the day the agent notifies the Authority that they begin to give immigration assistance on a commercial/for-profit basis, or within 14 days of the change in registration status, rather than 28 days after the invoice date.
The obligations imposed by this legislation on registered migration agents are clear and straightforward. Agents who change from providing non-commercial to commercial immigration assistance must notify the Migration Agents Registration Authority of this change in status. Upon notification, or within 14 days of the change occurring, the registration status charge becomes due and payable. Failure to comply with this requirement can lead to the charge being pursued as a debt owed to the Commonwealth. This legislative requirement ensures that the authority can accurately track and collect the appropriate fees in a timely manner.
The legislation also outlines the consequences for non-compliance with the charge payment requirements. If a registered migration agent fails to pay the registration status charge when it becomes due, the Migration Agents Registration Authority can recover the charge as a debt owed to the Commonwealth. While the explanatory statement does not specify maximum penalties for non-payment, it is clear that the authority has the power to pursue this as a debt, which may include legal actions and financial penalties as prescribed by the Act. The seriousness of these consequences underscores the importance of compliance with the timely payment of the registration status charge.