Migration Agents Registration (Renewal) Levy Act 1992

Legislation au C2004A04378 Not in force Act

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Act No. 87 of 1992 as amended

[Note: This Act is repealed by Act No. 205 of 1997]

This compilation was prepared on 28 August 2000
taking into account amendments up to Act No. 205 of 1997

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Imposition of levy..............................

5 Exemption..................................

6 Amount of levy...............................

7 By whom the levy is payable........................

Notes

An Act to impose a levy on renewals of individuals’ registrations as migration agents

1 Short title [see Note 1]

This Act may be cited as the Migration Agents Registration (Renewal) Levy Act 1992.

2 Commencement [see Note 1]

This Act commences on the day on which the Migration Amendment Act (No 3) 1992 commences.

3 Interpretation

In this Act, unless the contrary intention appears:

entrance applicant, immigration assistance, immigration case, paid immigration assistance and registered agent have the same meanings as in Part 2A of the Migration Act 1958.

4 Imposition of levy

Levy is imposed on the renewal of an individual’s registration as a registered agent.

5 Exemption

Levy is not imposed on the renewal of the registration of a registered agent who gives immigration assistance to entrance applicants only in his or her capacity as an employee of, or a voluntary worker for, a person or organisation that does not charge entrance applicants a fee, nor require any other reward from them, for the giving of such assistance.

6 Amount of levy

(1) The amount of levy payable in respect of a registration renewed in a financial year starting on or after 1 July 1995 is, subject to subsection (3), the amount worked out under the formula:

where:

new CGFCE number means the number worked out as follows:

(a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Department of Finance after 1 January in the previous financial year;

(b) find the number that relates to the period ending on 31 December in the previous financial year;

base CGFCE number means the number worked out as follows:

(a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Department of Finance after 1 January in the previous financial year;

(b) find the number that relates to the period ending on 31 December 1993;

relevant base rate means the base rate applicable under subsection (2) to the renewal of the registration.

(2) The base rate applicable to a renewal of a registration is as follows:

(a) if, at the time of the renewal, the individual whose registration is renewed proposes to give immigration assistance in the capacity of an employee of a registered agent, an employee of a partnership at least one of whose members is a registered agent, or an employee of a corporation at least one of whose executive officers is a registered agent, then:

(i) if he or she also proposes at that time to give during the period for which the registration is continued, and during that period gives, paid immigration assistance in no more than 5 cases—$50; or

(ii) if subparagraph (i) does not apply—$525;

(b) if the individual whose registration is renewed is not proposing, at the time of that renewal, to give immigration assistance in any of the capacities mentioned in paragraph (a), then:

(i) if he or she proposes at that time to give during the period for which the registration is continued, and during that period gives, paid immigration assistance in no more than 5 cases—$105; or

(ii) if subparagraph (i) does not apply—$1,050.

(3) If an amount worked out under the formula in subsection (1) is not a multiple of $5, the amount is to be rounded as follows:

(a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more—round the amount up to the nearest higher multiple of $5;

(b) in any other case—round the amount down to the nearest lower multiple of $5.

7 By whom the levy is payable

Levy is payable by the individual whose registration is renewed.

Notes to the Migration Agents Registration (Renewal) Levy Act 1992

Note 1

The Migration Agents Registration (Renewal) Levy Act 1992 as shown in this compilation comprises Act No. 87, 1992 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions

Migration Agents Registration (Renewal) Levy Act 1992	87, 1992	30 June 1992	21 Sept 1992 (see s. 2 and Gazette 1992, No. S262)
Migration Agents Registration (Renewal) Levy Amendment Act 1995	112, 1995	29 Sept 1995	1 Nov 1995 (see Gazette 1995, No. GN43)	S. 3(2)
Migration Legislation Amendment (Migration Agents) Act 1997	205, 1997	17 Dec 1997	Schedule 2 (item 2) (a)	—

(a) The Migration Agents Registration (Renewal) Levy Act 1992 was repealed by Schedule 2 (item 2) of the Migration Legislation Amendment (Migration Agents) Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences immediately before 21 March 1998.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 6....................	rs. No. 112, 1995



Overview

The Migration Agents Registration (Renewal) Levy Act 1992 was enacted to address the need for financial contribution from individuals renewing their registrations as migration agents, aiming to support the administrative costs associated with this process. This Act was introduced by the Parliament of Australia and commenced on 21 September 1992. The primary objective of the Act was to impose a levy on the renewal of migration agents' registrations to assist in funding relevant administrative functions. This levy applied to those renewing their registration unless they were exempt for providing unpaid immigration assistance. The Act established a levy based on a formula incorporating the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators and specified base rates depending on the nature of the immigration assistance provided. Notably, the levy did not apply to registered agents who provided immigration assistance to entrance applicants without charging fees or requiring any other form of reward, thus exempting those working for non-profit organisations or as volunteers. The levy was payable by the individual whose registration was renewed. This Act was subsequently repealed by the Migration Legislation Amendment (Migration Agents) Act 1997.

Scope and Application

The Migration Agents Registration (Renewal) Levy Act 1992 was enacted to impose a levy on the renewal of registration for individuals acting as migration agents. The Act applies specifically to individuals who are renewing their registration as registered agents under the Migration Act 1958, and it is payable by the individual whose registration is renewed. The levy is calculated based on a formula that incorporates the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators, and the amount is determined by the nature and extent of the immigration assistance they propose to provide. Notably, the Act exempts registered agents who provide immigration assistance to entrance applicants exclusively in their capacity as employees or voluntary workers for entities that do not charge or require any reward from the applicants. The geographic scope of the Act is national, applying across Australia, and while the Act itself does not explicitly provide for extensions or restrictions through subordinate instruments, subsequent amendments have modified its application and the calculation of the levy.

Key Provisions

The Migration Agents Registration (Renewal) Levy Act 1992 imposes a levy on the renewal of individuals’ registrations as migration agents. This levy is a financial obligation that applies specifically to those renewing their registration, as outlined in section 4 of the Act. The Act commences on the same day as the Migration Amendment Act (No 3) 1992, as stated in section 2. The Act defines key terms such as "entrance applicant," "immigration assistance," and "registered agent" by reference to the Migration Act 1958, ensuring consistency in terminology across related legislation (section 3). Under the Act, the levy is not imposed on certain individuals who provide immigration assistance exclusively to entrance applicants in their capacity as an employee or voluntary worker for an entity that does not charge a fee or require any other reward for such assistance (section 5). The amount of the levy is determined by a specific formula that takes into account Commonwealth Government Final Consumption Expenditure Implicit Price Deflators and is subject to rounding as outlined in sections 6 and 7. The levy is payable by the individual whose registration is renewed, as stated in section 7. Breach of the requirements under this Act does not explicitly detail specific offences, penalties, or consequences. However, failure to comply with the levy requirements could potentially result in legal ramifications as defined by other related legislation or administrative actions taken by the relevant authorities. The Act was repealed by the Migration Legislation Amendment (Migration Agents) Act 1997, which means it no longer has legal effect from 21 March 1998.

Area of Law: Immigration & Refugee Law
Instrument: Act
Concepts: Definitions & Interpretation; Imposition of Levy; Exemptions & Exclusions

Interactions

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.

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