Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No. 1) 1998 No. 283
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 283
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Agents Registration Renewal Charge Act 199 7
Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No. 1)
Section 8 of the Migration Agents Registration Renewal 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 the renewal of an individual's registration is the amount prescribed by the regulations for an individual of that kind;
* the regulations may prescribe different amounts for different kinds of individuals whose registration is renewed; and
* the regulations must not prescribe an amount more than the charge limit for the renewal. The charge limit for a renewal of registration 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 prescribe amounts of charge payable for individuals whose registration as a migration agent is renewed. 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 Regulations
This regulation provides that these Regulations are called the Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No.
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 Renewal Charge Regulations 1998 to be amended as set out in these Regulations.
Regulation 4 - Regulation 3 (Amount of charge)
This regulation amends paragraphs 3(a) and (b) by replacing the reference to "charge a fee for giving immigration assistance" with "give immigration assistance for which a fee is to be charged".
The Regulations commence on 1 September 1998.
Overview
The Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No. 1) were enacted to clarify the conditions under which higher registration renewal charges for migration agents are applicable. This legislation was introduced to address uncertainties regarding the application of the higher charge levels, specifically when a fee for immigration assistance is intended to be charged, regardless of the party to whom the fee is payable. These regulations amend the Migration Agents Registration Renewal Charge Regulations 1998 to ensure that the higher charge applies whenever there is an intention to charge a fee for immigration assistance. Enacted by the Minister for Immigration and Multicultural Affairs, the policy objective is to provide clarity and remove ambiguity in the application of the higher charge for renewals of migration agent registrations.
Scope and Application
The Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No. 1) are subordinate legislation made under the Migration Agents Registration Renewal Charge Act 1997. They apply to individuals whose registration as a migration agent is renewed and who are subject to a charge for the renewal of their registration. The Regulations clarify that a higher charge applies when there is an intention to charge a fee for immigration assistance, irrespective of whether the fee is payable to the registered migration agent or to another person or body. The Regulations also stipulate that the charge must not exceed the charge limit, which is indexed to the Consumer Price Index after 30 June 1998. The Regulations commence on 1 September 1998 and amend the Migration Agents Registration Renewal Charge Regulations 1998 to effect these changes.
Key Provisions
The Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No. 1) provide the necessary details for implementing the charges outlined in the Migration Agents Registration Renewal Charge Act 1997 (the Act). Section 6 of the Act specifies that the amount of the charge for the renewal of an individual's registration is determined by the regulations, with the ability to prescribe different amounts for different types of individuals. Furthermore, Section 8 of the Act empowers the Governor-General to make regulations for these purposes. The Act also imposes a charge limit for renewal, which is $1,100 for the financial year ending June 1998, with subsequent amounts indexed to the Consumer Price Index.
The Regulations impose specific obligations on registered migration agents. They are required to pay the prescribed renewal charge as set out in the Regulations. The charge amount is contingent upon the intention to charge a fee for immigration assistance provided, irrespective of whether the fee is payable to the migration agent or another party or body. The Regulations clarify the conditions under which a higher charge level applies, ensuring that there is no ambiguity regarding the application of the higher fee.
Failure to comply with the provisions of the Regulations may result in legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is reasonable to infer that non-compliance with the prescribed charges could lead to penalties under the Act. Typically, such penalties could include fines or other civil or criminal sanctions. However, the exact nature and severity of these penalties would be governed by the broader legal framework established by the Act and any relevant case law or further regulations.