Overview

The Migration Regulations 1994, as amended by F2013L00727, were enacted to address the need for a structured fee schedule for the assessment of occupational and educational qualifications for migration purposes. This legislative instrument was introduced to specify the fees payable to Trades Recognition Australia (TRA) within the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education for certain applications for assessments. The policy objective of this instrument is to ensure that TRA recovers the costs associated with delivering trades skills assessments and recognition services without over-recovering costs, as reflected in the new Cost Recovery Impact Statement prepared by TRA. The Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, as an agency within the meaning of the Financial Management and Accountability Act 1997, is responsible for managing these fees. The enactment of this regulation aims to streamline the fee structure for assessments required under the Migration Regulations 1994, ensuring transparency and cost recovery for the services provided by TRA.

Scope and Application

The F2013L00727 Instrument, made under subregulation 5.40(1) of the Migration Regulations 1994, sets forth the fees payable to Trades Recognition Australia (TRA) for specific assessment applications related to migration. This legislation applies to individuals who seek migration and have nominated occupations where TRA serves as the relevant assessing authority. The fees cover applications for the assessment of occupational qualifications or experience, educational qualifications, and internal reviews of assessments conducted by TRA. The purpose of the Instrument is to align the fees with the costs of delivering trades skills assessments/recognition services, ensuring that TRA recovers its costs without over-recovery. The regulation applies nationally and is effective from 3 May 2013. It is important to note that this Instrument does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation and under the Legislative Instruments Act 2003, respectively.

Key Provisions

The key provisions of the F2013L00727 Instrument, made under subregulation 5.40(1) of the Migration Regulations 1994, revolve around the fees payable to Trades Recognition Australia (TRA) for assessing occupational and educational qualifications and experience for the purpose of migration applications (subregulation 5.40(1)). This regulation specifies the fees that applicants must pay to TRA, which operates within the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, an agency under the Financial Management and Accountability Act 1997 (FMA Act). The specified fees are designed to cover the costs incurred by TRA in delivering these assessment services without over-recouping the costs. Applicants seeking migration who nominate occupations where TRA is the relevant assessing authority must pay the specified fees for the assessment of their occupational qualifications or experience (or both) and/or educational qualifications (subregulation 5.40(1)(a) and (b)). Additionally, applicants have the right to request an internal review of an assessment conducted by TRA, for which a separate fee is applicable (subregulation 5.40(1)(c)). The fees are determined based on a Cost Recovery Impact Statement prepared by TRA, which ensures that the fees are set at a level sufficient to cover the costs of providing the services but not to exceed them. The Instrument imposes specific obligations on applicants to pay the fees as stipulated for the assessment of their qualifications and experience, and for any internal review they may request. The fees are integral to the process of having one’s qualifications and experience assessed by TRA for the purposes of migration applications, ensuring that the service provider is adequately compensated for their work. This is crucial for maintaining the integrity and efficiency of the assessment process. Failure to pay the specified fees may result in delays or denials in the processing of applications for assessment and internal review. While the Instrument does not explicitly detail specific offences or penalties for non-payment, it is implied that non-compliance with the payment requirements could lead to procedural consequences under the Migration Act 1958. This may include delays in processing or denial of assessment, which could in turn affect the applicant's migration status. The precise civil or criminal consequences for non-payment are not outlined in the Instrument itself but would be governed by the broader legislative framework within which the Migration Regulations operate.