Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1)

Administered by Department of Home Affairs

Legislation au F1999B00090 Regulations Not in force Legislative Instrument

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Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1) 1999 No. 89

EXPLANATORY STATEMENT

STATUTORY RULES 1999 NO. 89

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 1999 (No. 1)

Section 8 of the Migration Agents Registration Application Charge Act 199 7 provides that the Governor-General may make regulations for the purposes of section 6 which deals with the amount of the registration application charge.

In addition, regulations may be made pursuant to the following powers:

-       section 4 of the Act provides that a charge is imposed on an individual's making of a registration application on or after 21 March 1998; and

-       subsection 6(1) 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 purpose of the Regulations is to amend the Migration Agents Registration Application Charge Regulations 1998 to provide for the annual indexation of specified fees.

Details of the Regulations are as follows.

Regulation 1 - Name of regulations

This regulation provides that these regulations are the Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1).

Regulation 2 - Commencement

This regulation provides that these regulations commence on 1 July 1999.

Regulation 3 - Amendment of Migration Agents Registration Application Charge Regulations 1998

This regulation provides that the Migration Agents Registration Application Charge Regulations 1998 are amended as set out in Schedule 1 to these regulations.

Schedule 1 - Amendments

Item 1 - Subparagraph 3(1)(a)(ii)

This item amends subparagraph 3(1)(a)(ii) to provide for the annual indexation of the charge for a registration application made on or after 21 March 1999. The charge is increased from $ 1,000 to $ 1,010.

Item 2 - Subparagraph 3(1)(a)(iii)

This item amends subparagraph 3(1)(a)(iii) to provide for the annual indexation of the charge for an application for repeat registration made on or after 21 March 1999. The charge is increased from $800 to $810.

The Regulations commence on 1 July 1999.

 

Overview

The Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1), enacted under the authority of the Minister for Immigration and Multicultural Affairs, serve to amend the Migration Agents Registration Application Charge Regulations 1998. These regulations address the need for the annual indexation of specified fees, as provided for under section 8 of the Migration Agents Registration Application Charge Act 1997. The policy objective of the Act is to impose a charge on the making of a registration application by individuals, with the charge amount to be prescribed by regulations. This amendment specifically adjusts the fees for registration applications and repeat registration applications to account for inflation, ensuring that the charges remain current and reflective of economic conditions. The regulations aim to maintain the integrity and effectiveness of the registration process by periodically adjusting the financial requirements in line with cost of living changes.

Scope and Application

The Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1) apply to the amendment of the Migration Agents Registration Application Charge Regulations 1998. These regulations specifically pertain to the fees associated with registration applications made by individuals seeking to become registered migration agents. The application charge is imposed on individuals who make a registration application on or after 21 March 1998, and the amount of the charge is prescribed by these regulations for individuals of that kind. The scope of these regulations includes the annual indexation of the specified fees to account for inflation and ensure the fees remain current. These regulations operate within the Commonwealth jurisdiction and apply nationally, as they are issued by the Authority of the Minister for Immigration and Multicultural Affairs. The regulations do not include any exclusions or exemptions and are not restricted by thresholds. The provisions extend through subordinate instruments to include the amendment of existing fees as detailed in the Schedule to the regulations, reflecting an increase in fees from $1,000 to $1,010 for a standard registration application and from $800 to $810 for a repeat registration application.

Key Provisions

The Migration Agents Registration Application Charge Amendment Regulations 1999 (No. 1) primarily serve to update the fees associated with the registration application charge for migration agents. These fees are governed under section 6 of the Migration Agents Registration Application Charge Act 1997, and are specified to be increased annually to account for inflation or other economic factors. Specifically, regulation 3 of the Amendment Regulations amends the Migration Agents Registration Application Charge Regulations 1998, with effect from 1 July 1999. The amendment increases the charge for a standard registration application from $1,000 to $1,010, and the charge for a repeat registration application from $800 to $810. The obligations imposed by these regulations are primarily directed at migration agents who seek to register or re-register under the Act. As per the provisions in section 4 of the Act, these agents must now pay the updated fees when submitting their registration applications on or after 21 March 1999. This requirement ensures that the fee structure remains current and reflective of economic conditions, thereby maintaining the integrity and sustainability of the registration process. Failure to comply with the new fee structure outlined in the Amendment Regulations could potentially lead to various consequences. Although the specific penalties for non-compliance are not detailed within the text, it is reasonable to infer that non-payment or underpayment of the updated fees could result in legal or administrative repercussions. This might include denial of registration, fines, or other penalties as may be prescribed under the broader legislative framework. The precise nature of these penalties would be further delineated within the Migration Agents Registration Application Charge Act 1997 and related regulations.

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Immigration & Refugee Law
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Regulation
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Commencement Provisions
Licensing & Registration
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