Migration Agents Registration Renewal Charge Regulations 1998 1998 No. 35
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 35
Issued by the Authority of the Minister for Immigration and Multicultural Affairs
Migration Agents Registration Renewal Charge Act 1997
Migration Agents Registration Renewal Charge Regulations 1998
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.
Details of the Regulations are as follows.
Regulation 1 - Name of Regulation
This regulation provides that these Regulations are the Migration Agents Registration Renewal Charge Regulations 1998.
Regulation 2 - Commencement
This regulation provides that these Regulations commence on 21 March 1998.
Regulation 3 - Amount of charge
This regulation provides that for section 6 of the Act, the amount charge payable is as provided for two kinds of individuals, as follows.
Paragraph 3(a) provides the charge payable for an individual who intends to charge a fee for giving immigration assistance.
Paragraph 3(b) provides the charge payable for an individual who does not intend to charge a fee for giving immigration assistance.
Regulation 4 - Cessation of effect of Regulations
This regulation provides that the Migration Agents Registration Renewal Charge Regulations 1998 cease to have effect on 21 March 1999. This provision is consequential to the repeal of the Act in Part 5 of Schedule 3 to the Migration Legislation Amendment (Migration Agents) Act 1997. Part 5 commences on 21 March 1999.
The Regulations commence on 21 March 1998.
Overview
The Migration Agents Registration Renewal Charge Regulations 1998 were enacted to provide the specific charge amounts for the renewal of registration as a migration agent, as authorised under the Migration Agents Registration Renewal Charge Act 1997. This Act was enacted to address the need for a formalised system of charging fees for the renewal of migration agents' registrations, ensuring that the process was systematic and transparent. The regulations were issued by the authority of the Minister for Immigration and Multicultural Affairs and aim to implement the legislative framework established by the Act. They set forth the charge amounts for different categories of individuals based on whether they intend to charge a fee for immigration assistance, with the overall objective of maintaining the integrity and efficiency of the migration agents' registration system.
Scope and Application
The Migration Agents Registration Renewal Charge Regulations 1998 applies to individuals who are renewing their registration as a migration agent, and it is made under the Migration Agents Registration Renewal Charge Act 1997. The Act specifies the charges for the renewal of registration and allows for different charge amounts for different kinds of individuals. The Regulations provide specific amounts for the charge payable for two kinds of individuals: those who intend to charge a fee for giving immigration assistance and those who do not. The charge limit for a renewal of registration is $1,100 for the financial year ending at the end of 30 June 1998, and after this date, the charge limit is indexed to any increase in the Consumer Price Index. The Regulations will cease to have effect on 21 March 1999, following the repeal of the Act in Part 5 of Schedule 3 to the Migration Legislation Amendment (Migration Agents) Act 1997.
Key Provisions
The Migration Agents Registration Renewal Charge Regulations 1998 (referred to as the Regulations) primarily establish the financial requirements for the renewal of registration for individuals who act as migration agents in Australia. Under Section 6 of the Migration Agents Registration Renewal Charge Act 1997 (the Act), the Regulations prescribe the amount of charge payable on the renewal of a migration agent's registration. The amount is determined based on whether the individual intends to charge a fee for providing immigration assistance. The Regulations set different charges for these two categories of individuals, ensuring that the prescribed amount does not exceed the statutory charge limit, which is $1,100 for the financial year ending on 30 June 1998. After this date, the charge limit is indexed to any increase in the Consumer Price Index.
These Regulations impose specific obligations on migration agents who are subject to them. Firstly, agents must ensure they are aware of the prescribed charge for their category when renewing their registration. Those who intend to charge a fee for immigration assistance must pay a different amount compared to those who do not. This distinction is clearly outlined in Regulation 3. Additionally, agents must comply with the cessation of effect provision outlined in Regulation 4, which stipulates that these Regulations cease to have effect on 21 March 1999, aligning with the repeal of the Act.
Failure to comply with the requirements set forth in these Regulations may lead to legal consequences. Although the explanatory statement does not detail specific offences, it is likely that non-compliance could result in penalties under the Act. Typically, breaches of legislative requirements can lead to fines or other civil penalties, and in more serious cases, criminal charges may be applicable. The maximum penalties for such breaches would be determined by the specific provisions of the Act and any relevant case law, but they could include substantial fines or even imprisonment for serious violations. It is imperative for migration agents to adhere to the stipulated charges and deadlines to avoid any legal repercussions.