Migration Agents Registration Application Charge Act 1997
No. 203, 1997
Compilation No. 4
Compilation date: 15 October 2020
Includes amendments up to: Act No. 72, 2020
Registered: 22 October 2020
About this compilation
This compilation
This is a compilation of the Migration Agents Registration Application Charge Act 1997 that shows the text of the law as amended and in force on 15 October 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
Part 2—Imposition of charge on registration applications
4 Imposition of charge
5 Who must pay charge?
6 Amount of charge
7 What is the charge limit?
8 Regulations
Part 3—Imposition of charge on basis of status of migration agent
10 Imposition of charge
11 Who must pay charge?
12 Amount of charge
13 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to impose charge in relation to the registration of migration agents
Part 1—Preliminary
1 Short title
This Act may be cited as the Migration Agents Registration Application Charge Act 1997.
2 Commencement
This Act commences on 21 March 1998.
3 Definitions
In this Act:
begins: a registered migration agent begins to give immigration assistance otherwise than on a non‑commercial basis on a day worked out in accordance with regulations made for the purposes of this definition.
charge limit for a registration application made in a financial year has the meaning given by section 7.
general charge means an amount of charge imposed by Part 2 that is…
Overview
The Migration Agents Registration Application Charge Act 1997 was enacted to address the need for a financial mechanism to support the registration of migration agents in Australia. The Act was passed by the Australian Parliament and aims to impose a charge on the registration applications of migration agents to ensure that the administrative costs associated with the registration process are met. The Act establishes the framework for imposing charges on both the initial registration applications and subsequent charges for registered migration agents who begin providing immigration assistance on a non-commercial basis. This Act has undergone several amendments to adjust the rates of charge over time, with the most recent amendment being the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020.
Scope and Application
The Migration Agents Registration Application Charge Act 1997 applies to individuals and registered migration agents making registration applications for the provision of immigration assistance. The Act imposes a charge on registration applications made on or after 21 March 1998, which is payable by the individual making the registration application, and also imposes a charge in respect of a registered migration agent who has paid the non-commercial application charge and begins to provide immigration assistance otherwise than on a non-commercial basis. The charge amount is prescribed by regulations, with a specific formula provided for the latter scenario, and is subject to a charge limit that is indexed annually based on the All Groups Consumer Price Index. The Act extends its application through subordinate regulations, which may prescribe different charges for different kinds of individuals and agents, as well as setting the charge limit and other relevant details. The Act applies on a national level, as it is Commonwealth legislation.
Key Provisions
- The Migration Agents Registration Application Charge Act 1997 imposes a charge on certain individuals making registration applications for migration agent registration. According to section 4, charge is imposed on an individual's making of a registration application on or after 21 March 1998. Section 5 specifies that the charge is payable by the individual making the registration application. The amount of the charge is determined by the regulations made under section 6, with the regulation prescribing different amounts for different kinds of individuals making registration applications (section 6(2)). The regulations cannot prescribe an amount more than the charge limit for the registration application, as outlined in section 7. The charge limit is initially set at $1,800 for the financial year ending at the end of 30 June 2002 (section 7(1)). For later financial years, the charge limit is calculated by multiplying the charge limit for the preceding financial year by the greater of the indexation factor and 1.0, and then rounding the product to the nearest multiple of $5 (section 7(2) to (5)).
- The Act also imposes a charge on registered migration agents who have paid the non-commercial application charge in relation to their current period of registration but begin to provide immigration assistance otherwise than on a non-commercial basis during that period. This charge is imposed under section 10. Section 11 specifies that the charge is payable by the registered migration agent. The amount of the charge is calculated using a formula provided in section 12, which takes into account the notional general charge and the paid non-commercial application charge. If the calculated amount is not a whole dollar amount, it is rounded down to the nearest whole dollar (section 12(2)). Regulations may be made for the purposes of this Part under section 13.
- The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, breaches of the Act may potentially lead to administrative actions, such as fines or other penalties, as well as potential civil or criminal liability for failure to comply with the requirements of the Act. The specific consequences for breach would depend on the nature and severity of the breach, as well as any applicable laws or regulations. It is important for individuals and entities subject to the Act to understand their obligations and requirements under the Act and to ensure compliance to avoid potential penalties or consequences.
- Area of Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Offence Provisions