EXPLANATORY STATEMENT
Migration Regulations 1994
FEES FOR ASSESSMENT OF A PERSON’S QUALIFICATIONS AND EXPERIENCE (REGULATION 5.40(1))
- This Instrument is made under regulation 1.17 and subregulation 5.40(1) of the Migration Regulations 1994 (‘the Regulations’).
2. Section 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Relevant in this case is that subsection 56(1) of the Legislative Instruments Act 2003 provides that the requirement to publish in the Gazette is satisfied if the legislative instrument is registered on the Federal Register of Legislative Instruments.
4. Subregulation 5.40 (1) of the Regulations provides that the fee payable to an Agency (within the meaning of the Financial Management and Accountability Act 1997) for an application for assessment of a person's occupational qualifications or experience (or both), an application for assessment of a person's educational qualifications, and an application for internal review of an assessment, is the fee specified by the Minister in an instrument in writing for this regulation.
5. The purpose of the Instrument is to specify the fee payable for an assessment of a person’s occupational qualifications or experience (or both) by the Department of Employment and Workplace Relations (DEWR) or Department of Education, Science and Training (DEST); an assessment of a person’s educational qualifications by DEST; and the fee payable for an internal review of an assessment by DEWR and DEST .
6. The Instrument operates to provide that the fee payable for an assessment of a person’s occupational qualifications or experience (or both) the DEWR or DEST is AUS300; the fee payable for an assessment of a person’s educational qualifications by DEST is AUD300; and the fee payable for an internal review of an assessment by DEWR or DEST is AUD300.
7. Consultation was undertaken before the instrument was made as follows:
- Department of Education, Science and Training; and
- Department of Employment and Workplace Relations.
8. The Instrument, IMMI06/037, commences on 1 July 2006.