Migration Agents Registration Renewal Charge Act 1997

Legislation au C2004A05293 Not in force Act

Legislation content

 

 

 

 

Migration Agents Registration Renewal Charge Act 1997

 

No. 204, 1997

 

 

 

 

 

 

 

 

 

 

 

Migration Agents Registration Renewal Charge Act 1997

 

No. 204, 1997

 

 

 

 

An Act to impose charge on renewals of individuals’ registration as migration agents

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Definitions.................................2

4 Imposition of charge............................2

5 Who must pay charge?..........................2

6 Amount of charge.............................2

7 What is the charge limit?.........................2

8 Regulations.................................4

 

Migration Agents Registration Renewal Charge Act 1997

No. 204, 1997

 

 

 

An Act to impose charge on renewals of individuals’ registration as migration agents

[Assented to 17 December 1997]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Migration Agents Registration Renewal Charge Act 1997.

2  Commencement

  This Act commences on 21 March 1998.

3  Definitions

  In this Act, unless the contrary intention appears:

charge limit for a renewal of registration in a financial year has the meaning given by section 7.

registered agent has the same meaning as in Part 3 of the Migration Act 1958.

4  Imposition of charge

  Charge is imposed on the renewal on or after 21 March 1998 of an individual’s registration as a registered agent.

5  Who must pay charge?

  Charge is payable by the individual whose registration is renewed.

6  Amount of charge

 (1) The amount of charge payable on the renewal of an individual’s registration is the amount prescribed by the regulations for an individual of that kind.

 (2) The regulations may prescribe different amounts (including nil amounts) for different kinds of individuals whose registration is renewed.

 (3) The regulations must not prescribe an amount more than the charge limit for the renewal.

7  What is the charge limit?

 (1) The charge limit for a renewal of registration in the financial year ending at the end of 30 June 1998 is $1,100.

 (2) Work out the charge limit for a renewal of registration in a later financial year by:

 (a) multiplying the charge limit for the immediately preceding financial year by the greater of:

 (i) the indexation factor worked out using the formula in subsection (3); and

 (ii) 1.0; and

 (b) rounding the product to the nearest multiple of $5 (rounding an odd multiple of $2.50 to the next higher multiple of $5).

 (3) The formula for the indexation factor is:

where:

CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.

 (4) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.

 (5) When working out the indexation factor:

 (a) use only the index numbers published in terms of the most recently published reference base for the Consumer Price Index; and

 (b) disregard index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the reference base).

8  Regulations

  The GovernorGeneral may make regulations for the purposes of section 6.

 

 

 

 

[Minister's second reading speech made in the

House of Representatives on 1 October 1997

Senate on 11 November 1997]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(168/97)

Overview

The Migration Agents Registration Renewal Charge Act 1997 was enacted by the Parliament of Australia to address the need for financial contribution from individuals renewing their registration as migration agents. This Act was introduced to impose a charge on the renewal of an individual's registration as a migration agent, ensuring a financial input that supports the administration and regulation of the migration agents industry. The Act was designed to establish a clear framework for the imposition of this charge, including the amount and the limit of the charge, which is subject to indexation based on the Consumer Price Index. The policy objective behind this Act was to ensure that the costs associated with the renewal of migration agents’ registration are appropriately covered, thereby maintaining the integrity and efficiency of the regulatory process.

Scope and Application

The Migration Agents Registration Renewal Charge Act 1997 applies to individuals whose registration as migration agents is renewed. This Act imposes a charge on the renewal of an individual's registration as a registered migration agent, and it sets out the amount of the charge, which is prescribed by regulation, and the charge limit for a renewal of registration in a financial year. The Act applies to the Commonwealth of Australia and extends its jurisdiction over the conduct of individuals renewing their registration as migration agents. The Act does not specify any exclusions, exemptions, or thresholds, but it provides for the Governor-General to make regulations for the purposes of section 6, which may prescribe different amounts for different kinds of individuals whose registration is renewed and must not prescribe an amount more than the charge limit for the renewal.

Key Provisions

The Migration Agents Registration Renewal Charge Act 1997 (sections 4 and 5) imposes a charge on the renewal of an individual's registration as a migration agent on or after 21 March 1998. The charge is payable by the individual whose registration is being renewed (section 6). The amount of the charge is prescribed by regulations, which may vary based on the kind of individual (section 6(1)). There is also a limit on the amount of the charge for a renewal in any financial year, which is determined by the charge limit for that financial year (section 7). Under the Act, the individual whose registration is renewed must ensure they are aware of the charge and pay it as stipulated (section 5). The charge limit for each financial year is indexed based on the All Groups Consumer Price Index, calculated to the nearest $5 (section 7(2)-(5)). The Governor-General has the authority to make regulations that set out the amount of the charge for different kinds of individuals (section 8). Breach of the requirements under this Act can lead to penalties and consequences. While the specific details of penalties are not outlined in the provided sections, it is common for such legislation to include provisions for fines or other legal consequences for non-compliance. The regulations made under section 8 may also include enforcement provisions and penalties for failing to pay the required charge or for other breaches of the Act.

Legal classification tags

Area of Law
Administrative Law
Immigration & Refugee Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions
Regulatory Standards
Enforcement Powers

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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.