Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1) 1998 No. 282
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 282
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Agents Registration Application Charge Act 1997
Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1)
Section 8 of the Migration Agents Registration Application Charge Act 1997 ("the Act") provides that the Governor-General may make regulations for the purposes of section 6 of the Act.
Section 6 of the Act provides that:
* the amount of charge payable on an individual's making of a registration application is the amount prescribed by the regulations for an individual of that kind;
* the regulations may prescribe different amounts for different kinds of individuals making registration applications; and
* the regulations must not prescribe an amount more than the charge limit for the registration application. The charge limit for a registration application made in the financial year ending at the end of 30 June 1998 is $1,100. After this date, the charge limit is indexed to any increase in the Consumer Price Index.
The purpose of the Regulations is to amend the wording used to prescribe the amounts of charge payable for individuals who make an application for registration as a migration agent. The objective is to remove any doubt over when the higher level of charge is payable.
The amendments have the effect that the higher level of charge will be payable whenever there is an intention that people to whom immigration assistance is to be provided be charged a fee for that assistance - irrespective of whether the fee is payable to the registered migration agent or to some other person or body.
Details of the Regulations are as follows.
Regulation 1 -Name of Regulation
This regulation provides that these Regulations are the Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1).
Regulation 2 - Commencement
This regulation provides that these Regulations commence on 1 September 1998.
Regulation 3 - Amendment
This regulation provides for the Migration Agents Registration Application Charge Regulations 1998 to be amended as set out in these Regulations.
Regulation 4 - Regulation 3 (Amount of charge)
This regulation amends paragraphs 3(1)(a) and (b) by replacing the reference to "application, to charge a fee for giving immigration assistance" with "registration application, to give immigration assistance for which a fee is to be charged".
The Regulations commence on 1 September 1998.
Overview
The Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1) were enacted to amend the Migration Agents Registration Application Charge Regulations 1998. This legislative measure was introduced to address uncertainties regarding the application of higher registration charges for migration agents, specifically clarifying the circumstances under which these higher charges are applicable. Enacted under the authority of the Minister for Immigration and Multicultural Affairs, the primary policy objective of these regulations is to ensure that migration agents are clearly aware of the conditions under which they are liable to pay higher registration application charges. The regulations were designed to eliminate ambiguity by specifying that the higher charge applies when there is an intention to charge a fee for immigration assistance, regardless of who ultimately receives the fee. These amendments came into effect on 1 September 1998, providing clarity and certainty to the registration process for migration agents.
Scope and Application
The Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1) are designed to amend the charges specified under the Migration Agents Registration Application Charge Act 1997. The Act applies to individuals making registration applications to become migration agents and the regulations under the Act determine the charge payable, which must not exceed a specified limit. The Regulations clarify the conditions under which a higher charge is applicable, ensuring it is payable whenever there is an intention to charge a fee for immigration assistance, irrespective of the recipient of the fee. These Regulations are effective from 1 September 1998 and they modify the original Migration Agents Registration Application Charge Regulations 1998 by altering the language used to describe when a higher charge is applicable, thereby eliminating ambiguity. This change ensures that the higher charge is triggered by the intention to charge a fee for immigration assistance, regardless of who ultimately receives the fee.
Key Provisions
The Migration Agents Registration Application Charge Amendment Regulations 1998 (No. 1) (the "Regulations") provide amendments to the Migration Agents Registration Application Charge Regulations 1998. These Regulations are necessary to clarify the conditions under which a higher registration charge is payable by individuals applying for registration as a migration agent. Section 8 of the Migration Agents Registration Application Charge Act 1997 (the "Act") allows the Governor-General to make regulations for the purposes of section 6, which governs the amount of charge payable for registration applications. Section 6(1)(a) and (b) of the Act sets out the charge limits, and mandates that different amounts can be prescribed for different kinds of individuals. The Regulations specifically amend the wording to ensure clarity regarding the higher charge, which applies when there is an intention to charge a fee for immigration assistance.
Under the Regulations, the obligation on applicants is to ensure they are aware of the amended conditions for when a higher registration charge applies. This is crucial for avoiding misunderstandings and potential penalties. The Regulations clarify that a higher charge is payable if there is an intention to charge a fee for immigration assistance, regardless of whether the fee is payable to the registered migration agent or another person or entity. Regulation 4 amends the Migration Agents Registration Application Charge Regulations 1998 to reflect these changes. This amendment aims to provide clear guidelines to applicants and the relevant authorities, ensuring compliance with the Act.
Breach of the Regulations could result in legal consequences. Specifically, the Act does not explicitly state the penalties for non-compliance with the Regulations, but it is reasonable to infer that penalties could mirror those under the principal Act or related legislative frameworks. Generally, penalties for breaches of migration-related regulations can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breach and the applicable laws at the time of the offence. However, it is essential for applicants to adhere to the Regulations to avoid any potential legal repercussions.
The Regulations also impose an obligation on the Department of Home Affairs, which administers the Act, to enforce compliance with the new provisions. This includes ensuring that applicants are correctly charged according to the amended conditions and that any discrepancies are promptly addressed. Additionally, the Regulations require that any changes to the charge limits be communicated effectively to the public, ensuring transparency and fairness in the application process. By clarifying the conditions for higher charges, the Regulations aim to reduce ambiguity and ensure that applicants are fully informed of their obligations.