EXPLANATORY STATEMENT
Migration Agents Regulations 1998
FEES FOR PERFORMING ASSESSMENTS
(Regulations 9F and 9J)
- This Instrument is made under Regulations 9F and 9J of the Migration Agents Regulations 1998 (‘the Regulations’).
2. Regulation 9J and subregulations 9F(1) and 9F(2) of the Regulations provides that the Minister may charge a provider of an activity a fee for performing an assessment.
3. The Instrument is made under the Migration Agents Regulations 1998. Amendments of Migration Agents Regulations 1998 are included in the consolidation of Migration Legislation Amendment Regulation 2013 (No. 1).
4. The purpose of the Instrument is to provide specific details about the fees charged by the Office of the MARA and clarifies existing arrangements.
5. The instrument operates to outline the fees that apply to providers of continuing professional development (CPD) activities or persons who apply to have a CPD activity approved.
6. Consultation with the Office of the Migration Agents Registration Authority was undertaken before the instrument was made.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 14082).
8. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.
9. The instrument, IMMI 13/021, commences on the day after registration on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
IMMI 13/021 – Fees for Performing Assessments
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Legislative Instrument
The Department of Immigration and Citizenship is seeking to clarify the power under which continuing professional development (CPD) activities are prescribed. The Instrument is made under the Migration Agents Regulations 1998 (“the Regulations”).
The new Instrument – Fees for Performing Assessments, will be made under Clauses 9F and 9J of the Regulations, which are included in the consolidation of Migration Legislation Amendment Regulation 2013 (No.1). The purpose of the Instrument is to provide specific details about the fees charged by the Office of the MARA and clarifies existing arrangements. The Instrument operates to outline the fees that apply to providers of CPD activities who apply to have a CPD activity assessed and approved.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms articulated in the seven core international human rights treaties.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
[The Hon. Brendan O’Connor, Minister for Immigration and Citizenship]