Migration Agents Registration Application Charge Amendment Regulations 2001 (No. 1)

Administered by Department of Home Affairs

Legislation au F2001B00203 Regulations Not in force Legislative Instrument

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Migration Agents Registration Application Charge Amendment Regulations 2001 (No. 1) 2001 No. 144

EXPLANATORY STATEMENT

STATUTORY RULES 2001 No. 144

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 2001 (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 increase charges payable by certain persons seeking registration or renewal of registration as a migration agent. The increases are to apply only to those persons who seek registration, or renewal of registration, as a commercial or for-profit migration agent. There will be no increase in charges for non-commercial or non-profit migration agents.

The Regulations increase the fees on making an application for registration to $1,180 and for repeat registration to $950. The amount of $1,180 is equivalent to the charge limit, which is calculated under section 7 of the Act and is based on changes to the relevant Consumer Price Index figures.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 July 2001.

Attachment

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Agents Registration Application Charge Regulations 2001 (No. 1).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 July 2001.

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

This regulation provides that Schedule 1 to these Regulations amends the Migration Agents Registration Application Charge Regulations 1998.

Schedule 1 - Amendments

Item [1] - Subregulation 4(2)

This item amends subregulation 4(2) by increasing the charges for for-profit-agents for registration made on or after 1 July 2001.

This item amends paragraph 4(2)(a) to provide that the new amount of the charge payable on the making of an application for registration, other than repeat registration, made on or after 1 July 2001 is $1,180. This is an increase from the previous charge of $1,085.

This item amends paragraph 4(2)(b) to provide that the new amount of the charge payable on the making of an application for repeat registration, made on or after 1 July 2001 is $950. This is an increase from the previous charge of $870.

Item [2] - Subregulation 5(2)

This item contains technical amendments. Provisions that are no longer necessary are omitted, and the subregulation is being restructured in line with the amendments to subregulation 4(2).

However, the charges for not-for-profit migration agents under this subregulation are not being increased.

 

Overview

The Migration Agents Registration Application Charge Amendment Regulations 2001 (No. 1) were enacted to amend the existing charges for registration and repeat registration of migration agents under the Migration Agents Registration Application Charge Act 1997. This Act was established to impose a charge for the application for registration as a migration agent and to make related provisions. The problem these regulations address is the need to adjust the fees to reflect changes in the Consumer Price Index, ensuring the charges remain current and equitable. The policy objective is to ensure that commercial or for-profit migration agents bear an appropriate portion of the costs associated with the registration process while maintaining the integrity and accessibility of the process for non-commercial or not-for-profit agents. The regulations were issued by the Minister for Immigration and Multicultural Affairs under the authority granted by section 8 of the Act, and they commenced on 1 July 2001.

Scope and Application

The Migration Agents Registration Application Charge Amendment Regulations 2001 (No. 1) apply to individuals who seek registration or renewal of registration as a migration agent in Australia, with specific emphasis on commercial or for-profit migration agents. These Regulations were made under the authority of the Migration Agents Registration Application Charge Act 1997, which allows the Governor-General to make regulations concerning the fees payable for such applications. The primary purpose of these Regulations is to adjust the charges for registration and repeat registration of commercial or for-profit migration agents, while maintaining the same fees for non-commercial or non-profit agents. The new fees, effective from 1 July 2001, set the charge for initial registration at $1,180 and for repeat registration at $950. These amounts were determined based on the charge limit specified in the Act and are adjusted to reflect changes in the Consumer Price Index. Notably, these Regulations do not extend to non-commercial migration agents, whose fees remain unchanged.

Key Provisions

The Migration Agents Registration Application Charge Amendment Regulations 2001 (No. 1) primarily amend the existing fees for the registration and renewal of registration as a migration agent. Under Section 6 of the Migration Agents Registration Application Charge Act 1997, these Regulations adjust the fees payable by individuals making an application for registration or renewal of registration. Specifically, the new charge for an initial registration application by a for-profit agent is set at $1,180, while the charge for repeat registration applications is set at $950. These changes reflect the statutory requirement that the fees must not exceed the charge limit, which is currently indexed to changes in the Consumer Price Index. The Regulations impose specific obligations on applicants seeking to register or renew their registration as a migration agent. For those individuals who are applying as commercial or for-profit agents, they are required to pay the increased fees specified in the Regulations. These fees must be submitted as part of the application process for registration or renewal. The Regulations do not alter the fees for non-commercial or non-profit migration agents, maintaining the previous charge structure for these applicants. There are no explicit offences, penalties, or civil/criminal consequences outlined within these Regulations for failure to comply with the increased fees. However, it is implicit that non-compliance with the specified charges could result in the application being deemed incomplete or invalid. Given that the fees are a prerequisite for processing the application, failure to pay the correct amount may prevent the application from being processed. While the Regulations do not specify a maximum penalty, the underlying Act may provide for sanctions in cases of non-compliance, which could include fines or other administrative actions.

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Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Commencement Provisions
Fees & Charges
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.