Overview

The Migration Act 1958, enacted by the Australian Parliament, governs various aspects of migration to, from, and within Australia, including the regulation of migration agents. To address the need for updating the administrative framework governing the collection of fees from registered migration agents, the Migration Act 1958 Determination of the Collection of the Registration Status Charge was introduced in 2013. This legislative instrument, made under section 332A of the Act, aims to update the process by which the registration status charge is determined, particularly by replacing references to the Migration Institute of Australia Limited with the Migration Agents Registration Authority. The policy objective is to streamline the administrative process and ensure that the charge is accurately calculated and collected from migration agents who transition from non-commercial to commercial activities. The instrument, which revokes previous instruments and updates the charge calculation and collection process, was made without the need for consultation due to its minor nature and was subject to disallowance by the Parliament.

Scope and Application

The instrument, F2013L01145, pertains to the Migration Act 1958, specifically addressing the determination of the registration status charge for registered migration agents. The Act applies to registered migration agents who have initially paid a non-commercial application fee and subsequently provide immigration assistance on a commercial basis. This charge becomes due and payable on the day falling 28 days after the date recorded on the notice issued by the Migration Agents Registration Authority. The charge is collected by the Migration Agents Registration Authority on behalf of the Commonwealth and can be recovered as a debt due to the Commonwealth. The instrument revokes all previous instruments made under Section 332A of the Act and updates references to the Migration Institute of Australia Limited with the Migration Agents Registration Authority, which is an office attached to the Department of Immigration and Citizenship. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements. Additionally, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary, and a Human Rights Statement of Compatibility has been provided in accordance with the Legislative Instruments Act 2003. The instrument, IMMI 13/044, came into effect on 16 August 2013.

Key Provisions

The primary operative sections of the Instrument are Sections 332A(1) and 332A(3) of the Migration Act 1958. Section 332A(1) stipulates that a registration status charge is due and payable by a registered migration agent, as determined by the Migration Agents Registration Authority through a legislative instrument. This charge becomes payable 28 days after the date recorded on the notice issued by the Authority, which details the charge amount calculated under Section 12 of the Migration Agents Registration Application Charge Act 1997. Section 332A(3) allows the Migration Agents Registration Authority to recover this charge on behalf of the Commonwealth if it has become due for payment. This legislative instrument essentially updates the charge determination process by replacing references to the Migration Institute of Australia Limited with the Migration Agents Registration Authority, which is now an office attached to the Department of Immigration and Citizenship. The obligations imposed by this Instrument are primarily on the registered migration agents who must ensure that they pay the registration status charge as determined by the Migration Agents Registration Authority. The agents must respond to the notice issued by the Authority regarding the charge amount and ensure payment within the stipulated 28-day period. Failure to pay the charge when it becomes due will result in the charge being recoverable as a debt by the Authority on behalf of the Commonwealth. The Instrument also ensures that the Authority is responsible for calculating and communicating the charge amount to the agents. Breaches of the obligations outlined in this Instrument may result in civil consequences, primarily in the form of the Migration Agents Registration Authority recovering the due charge as a debt. The Instrument does not specify maximum penalties for non-payment, but it does establish a clear framework for the recovery of unpaid charges. Given the nature of the Instrument as a minor or machinery change, it does not introduce new criminal offences. However, ongoing non-compliance could potentially lead to administrative consequences for the migration agents, including possible revocation of their registration. The Instrument is also subject to disallowance, and a Human Rights Statement of Compatibility has been provided in accordance with Section 42 of the Legislative Instruments Act 2003.