Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020

Overview

The Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020 was enacted to facilitate the implementation of changes to the fees associated with the registration of migration agents. This notifiable instrument was introduced under the authority of the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020, which was passed by the Parliament of Australia. The primary objective of this legislative amendment was to adjust the rates of charges for the registration of migration agents, thereby ensuring that the fees reflect the current economic conditions and operational costs. The Proclamation was signed by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, on 06 August 2020, and it came into effect on 15 October 2020, as specified in Schedule 1 of the Act. This measure aims to provide clarity and consistency in the regulatory framework governing the migration industry in Australia.

Scope and Application

The Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020 applies to the commencement of the amended rates of charge for the registration of migration agents as stipulated in the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020. The proclamation, signed by the Honourable David Hurley AC DSC (Retd), the Governor-General of the Commonwealth of Australia, and enacted with the advice of the Federal Executive Council, specifies that the schedule to the amending Act, which adjusts the rates of charges, will come into effect on 15 October 2020. This legislative instrument pertains to individuals or entities involved in the registration process for migration agents, thereby impacting the migration industry. The proclamation is applicable nationally, as it is a Commonwealth Act, ensuring uniform application across all states and territories of Australia. There are no exclusions, exemptions, or specific thresholds noted within the proclamation itself, although the Act may contain such provisions which would be relevant to those subject to its provisions. The proclamation does not extend or restrict the application of the Act beyond the specified commencement date, but the Act itself may be further detailed through subordinate legislation.

Key Provisions

The Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020I (hereafter referred to as the Proclamation) sets forth the effective date for the amendments to the application charges for registration as a migration agent. According to Section 2, the Schedule 1 of the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 will commence on 15 October 2020. This date marks the implementation of the new rates of charge as outlined in the amended Act. The Proclamation imposes obligations on the relevant parties, including migration agents and applicants for registration. With the commencement of the new rates, migration agents who apply for registration or renewal of their registration after the effective date will be subject to the updated charges as specified in the amended Act. This ensures that all parties are aware of and comply with the new financial requirements for registration. Under the amended Act, there are potential consequences for non-compliance with the new rates. While the Proclamation itself does not detail specific offences or penalties, it is likely that the amended Act, which is not provided in full here, would outline the legal ramifications of failing to adhere to the new charges. Typically, non-compliance with registration requirements could lead to fines or other penalties as stipulated by the governing legislation. The maximum penalties, however, would be detailed in the Act itself and could range from fines to potential disqualification from practising as a migration agent. In summary, the Proclamation sets the effective date for the new application charges for migration agent registration, ensuring all relevant parties are aware of and comply with the updated financial requirements. The obligations fall primarily on migration agents and applicants for registration to adhere to the new rates when applying for or renewing their registration. While the Proclamation does not specify penalties for non-compliance, it is expected that the amended Act would detail the potential civil or criminal consequences for failing to meet the new requirements.