EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION OF THE COLLECTION OF THE REGISTRATION STATUS CHARGE

(Section 332A)

1. This Instrument is made under Section 332A of the Migration Act 1958 (‘the Act’).

2. Section 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. Section 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 all previous Instruments made under section 332A of the Act; and
• update the Instrument so that references to the Migration Institute of Australia Limited are replaced with the Migration Agents Registration Authority (as an office attached to the Department of Immigration and Citizenship).

5. The instrument operates to determine the registration status charge imposed upon a registered migration agent who has paid a non-commercial application fee in relation to his or her current period of registration and who now gives immigration assistance on a commercial basis, becomes due and payable on the day falling 28 days after the date recorded on the notice issued by the Authority that advises the registered migration agent of the charge amount calculated by the Authority under section 12 of the Migration Agents Registration Application Charge Act 1997.

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 2013/14811).

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.

9. The instrument, IMMI 13/044, commences on 16 August 2013.