Migration Agents Registration (Renewal) Levy Amendment Act 1995

Legislation au C2004A04962 Not in force Act

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Migration Agents Registration (Renewal) Levy Amendment Act 1995

No. 112 of 1995

 

An Act to amend the Migration Agents Registration (Renewal) Levy Act 1992, and for related purposes

[Assented to 29 September 1995]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Migration Agents Registration (Renewal) Levy Amendment Act 1995.


(2) In this Act, “Principal Act” means the Migration Agents Registration (Renewal) Levy Act 19921

Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

(2) If this Act does not commence within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

Repeal and substitution of section 6

3. (1) Section 6 of the Principal Act is repealed and the following section is substituted:

Amount of levy

“6.(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;

(c) that number is the new CGFCE number;

‘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;

(c) that number is the base CGFCE number;

‘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.”.

(2) The amendment made by subsection (1) applies to registrations renewed on or after the day on which this section commences.

 

NOTE

Migration Agents Registration (Renewal) Levy Act 1992

1. No. 87, 1992.

[Minister's second reading speech made in

House of Representatives on 9 February 1995 Senate on 27 February 1995]

Overview

The Migration Agents Registration (Renewal) Levy Amendment Act 1995, enacted by the Parliament of Australia, amends the Migration Agents Registration (Renewal) Levy Act 1992 to address the need for adjustments in the levy structure for the renewal of migration agents' registrations. This amendment was introduced to ensure that the levy remains aligned with economic changes and appropriately reflects the different levels of service provided by migration agents. The primary objective of the Act is to modify the formula for calculating the levy amount based on the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators, thereby providing a more accurate and equitable assessment of the fees owed by migration agents. The changes are intended to ensure that the levy reflects current economic conditions and the varying scope of services offered by agents.

Scope and Application

The Migration Agents Registration (Renewal) Levy Amendment Act 1995 amends the Migration Agents Registration (Renewal) Levy Act 1992, affecting the levy payable by migration agents renewing their registrations. This Act applies to individuals who are renewing their migration agent registrations, and it sets out the revised formula and rates for the levy based on the number of cases in which they provide paid immigration assistance. The Act applies nationally across Australia, as it is a Commonwealth Act. There are no specific exclusions mentioned in the text, but the levy rates vary based on whether the individual is an employee of a registered agent, partnership, or corporation and the number of cases they handle. The Act includes provisions for rounding the calculated levy amount to the nearest $5. The application of this Act can be further defined through subordinate instruments, which may provide additional rules or clarifications regarding the levy calculation and its payment.

Key Provisions

The Migration Agents Registration (Renewal) Levy Amendment Act 1995 (section 1) is an amendment to the Migration Agents Registration (Renewal) Levy Act 1992, introducing changes to the levy applicable to the renewal of migration agent registrations. The main operative sections of this Act are concerned with the calculation and application of the levy for registrations renewed on or after 1 July 1995 (section 3(2)). Section 6 of the Principal Act is repealed and replaced with a new formula for determining the levy amount (section 3(1)). The new formula considers the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators, using both the 'new CGFCE number' and 'base CGFCE number' to calculate the levy amount (section 6(1)). The base rate, which is used in this formula, varies based on the individual's capacity and the number of cases of paid immigration assistance they intend to provide (section 6(2)). If the calculated levy amount is not a multiple of $5, it is rounded to the nearest multiple of $5 (section 6(3)). The obligations imposed by the Act on the parties it governs primarily relate to the calculation and payment of the levy for the renewal of migration agent registrations. Migration agents must use the specified formula to determine their levy amount, considering the new CGFCE number, the base CGFCE number, and the relevant base rate. The Act requires agents to accurately compute the levy and submit the appropriate payment to the relevant authority. Additionally, the Act mandates the use of specific Commonwealth Government Final Consumption Expenditure Implicit Price Deflators in the calculation, ensuring a consistent and transparent method for determining the levy. Breach of the provisions outlined in the Act can result in civil and criminal consequences. While the Act does not explicitly detail penalties or specific consequences for non-compliance, it is reasonable to infer that failure to accurately calculate and pay the levy could lead to enforcement actions by the relevant authorities. This might include fines, legal proceedings, or other penalties as prescribed by the relevant administrative or judicial processes. The exact nature and extent of these consequences would be determined by the applicable laws and regulations governing the enforcement of financial obligations under Australian law.

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Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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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.