Migration Act 1958 - Determination of the collection of the registration status charge under section 332A

Overview

The Migration Agents Registration Authority Determination of the Collection of the Registration Status Charge under section 332A of the Migration Act 1958, issued by the Migration Institute of Australia Limited in 2004, was introduced to provide a clear framework for the collection of a registration status charge from migration agents who transition from non-commercial to commercial immigration assistance. This legislation addresses the gap in ensuring that the Migration Agents Registration Authority can impose and collect the relevant charges in a timely and transparent manner. The policy objective of this determination is to ensure that migration agents who shift to providing commercial services are appropriately charged, thereby maintaining the integrity of the registration process and the associated fees. The determination was enacted by the Migration Institute of Australia Limited, acting as the Migration Agents Registration Authority under section 332A of the Migration Act 1958. This legislative instrument outlines the procedure for calculating and imposing the registration status charge on migration agents who have transitioned to commercial immigration assistance, ensuring compliance with the Migration Agents Registration Application Charge Act 1997. The determination came into effect upon publication in the Gazette, providing a formal and public record of the Authority's decision.

Scope and Application

The Migration Agents Registration Authority Determination concerning the collection of the registration status charge under section 332A of the Migration Act 1958 applies to registered migration agents who have transitioned from a non-commercial to a commercial basis of providing immigration assistance. This legislative instrument sets out the timing for when these agents must pay the registration status charge, specifying that it becomes due and payable 28 days after receiving notice from the Authority of the charge amount. The Authority, in this case The Migration Institute of Australia Limited, exercises its powers under the Migration Act 1958 to make this determination. The charge itself is governed by the Migration Agents Registration Application Charge Act 1997, with the amount calculated according to the formula specified in section 12 of that Act. This determination is applicable nationally within Australia, extending across all states and territories under Commonwealth legislation. There are no exclusions or exemptions detailed in this particular determination, and its scope is limited to the specific charge and timing provisions outlined. Subordinate instruments may further detail administrative processes and enforcement mechanisms related to the charge.

Key Provisions

The legislative instrument in question primarily addresses the collection of the registration status charge for registered migration agents under section 332A of the Migration Act 1958 (Cth). As per section 10 of the Migration Agents Registration Application Charge Act 1997 (Cth), this charge applies to registered migration agents who have paid a non-commercial application fee during their current period of registration and who now provide immigration assistance on a commercial basis. The Authority, through this determination, specifies that the registration status charge becomes due and payable 28 days after the date on which the Authority issues a notice to the relevant agent, advising them of the charge amount calculated according to the formula in section 12 of the Migration Agents Registration Application Charge Act 1997 (Cth). This ensures that agents are informed in a timely manner about the financial obligations they must meet. Under this legislation, the Migration Agents Registration Authority is responsible for determining the collection of the registration status charge. This obligation includes calculating the charge amount based on the formula provided in section 12 of the Migration Agents Registration Application Charge Act 1997 (Cth) and notifying the registered migration agents of this amount. The Authority must also ensure that the notice is issued within the stipulated timeframe and that the charge becomes payable 28 days after the notice is received by the agent. This process ensures transparency and fairness in the financial obligations imposed on registered migration agents. Failure to comply with the provisions of this legislation can result in several consequences. While the specific offences and penalties are not detailed in the text, it is understood that breaches of the Migration Act 1958 (Cth) and related Acts can lead to civil or criminal penalties. The penalties for breaches of migration-related legislation can include fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. It is crucial for registered migration agents to adhere to the charge collection requirements to avoid potential legal repercussions.