Migration (Skilling Australians Fund) Charges Act 2018

Administered by Department of Home Affairs

Legislation au C2018A00039 In force Act

Legislation content

 

 

 

 

 

 

Migration (Skilling Australians Fund) Charges Act 2018

 

No. 39, 2018

 

 

 

 

 

An Act to impose nomination training contribution charge, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Act binds the Crown

4 External Territories

5 Extra‑territorial operation

6 Definitions

Part 2—Nomination training contribution charge

7 Imposition of nomination training contribution charge

8 Amount of nomination training contribution charge

9 Nomination training contribution charge limit

Part 3—Miscellaneous

10 Regulations

 

 

 

Migration (Skilling Australians Fund) Charges Act 2018

No. 39, 2018

 

 

 

An Act to impose nomination training contribution charge, and for related purposes

[Assented to 22 May 2018]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act is the Migration (Skilling Australians Fund) Charges Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 May 2018

2.  Sections 3 to 10

At the same time as Schedule 1 to the Migration Amendment (Skilling Australians Fund) Act 2018 commences.

12 August 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Act binds the Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

4  External Territories

  This Act extends to an external Territory that is a prescribed Territory (within the meaning of subsection 7(1) of the Migration Act).

5  Extra‑territorial operation

  Nomination training contribution charge is payable in relation to a nomination:

 (a) whether the nomination is made in Australia or outside Australia; and

 (b) whether the person who is liable to pay the charge is in Australia or outside Australia.

6  Definitions

  In this Act:

amount includes a nil amount.

Migration Act means the Migration Act 1958.

nomination means a nomination of a kind mentioned in subsection 140ZM(1) or (2) of the Migration Act.

nomination training contribution charge has the same meaning as in the Migration Act.

permanent visa has the same meaning as in the Migration Act.

temporary visa has the same meaning as in the Migration Act.

Part 2—Nomination training contribution charge

 

7  Imposition of nomination training contribution charge

  Nomination training contribution charge payable under section 140ZM of the Migration Act is imposed.

8  Amount of nomination training contribution charge

 (1) The amount of nomination training contribution charge payable by a person in relation to a nomination is the amount:

 (a) prescribed by the regulations; or

 (b) worked out in accordance with a method prescribed by the regulations.

 (2) Without limiting subsection (1), the regulations may prescribe different charges or methods for:

 (a) different kinds of visas; or

 (b) different kinds of persons.

  (3) The amount prescribed, or the amount worked out in accordance with a method prescribed, must not exceed the nomination training contribution charge limit for the financial year in which the nomination is made.

9  Nomination training contribution charge limit

 (1) The nomination training contribution charge limit for a nomination made in the financial year beginning on 1 July 2017 is the following:

 (a) for a nomination relating to a temporary visa—$8,000;

 (b) for a nomination relating to a permanent visa—$5,500.

 (2) The nomination training contribution charge limit for a nomination made in a later financial year is the amount worked out by multiplying the nomination training contribution charge limit for the previous financial year by the greater of 1 or the indexation factor worked out using the following formula:

  where:

CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

index number for a CPI quarter means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to the CPI quarter.

 (3) The indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

 (4) In working out the indexation factor:

 (a) use only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

 (b) disregard index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

 (5) If the amount worked out under subsection (2) 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) otherwise—round the amount down to the nearest lower multiple of $5.

Part 3—Miscellaneous

 

10  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed by the regulations; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 October 2017

Senate on 13 February 2018]

 

(240/17)

 

Overview

The Migration (Skilling Australians Fund) Charges Act 2018 was enacted by the Parliament of Australia to impose a nomination training contribution charge in support of the Skilling Australians Fund. The policy objective is to generate revenue to fund vocational education and training programs that are designed to equip Australians with the skills needed for the changing labour market. This Act ensures that the charge is applicable both within and outside Australia, regardless of the location of the person liable to pay the charge or the location where the nomination is made. The Act binds the Crown in right of the States, Australian Capital Territory, and Northern Territory but does not apply to the Commonwealth. Regulations may be made to prescribe the amount of the charge and other necessary details for its implementation. The Act sets out the preliminary provisions, including definitions and commencement details, and specifies the imposition, amount, and limits of the nomination training contribution charge. The amount of the charge is to be determined by the regulations, which may vary based on the type of visa or the person making the nomination. The charge is subject to an annual limit and is indexed for inflation, with the indexation factor calculated using the All Groups Consumer Price Index. The Act also provides for the making of regulations to prescribe matters required or permitted by the Act or necessary or convenient to carry out or give effect to the Act.

Scope and Application

The Migration (Skilling Australians Fund) Charges Act 2018 applies to persons and entities involved in nominating individuals for visas under the Migration Act 1958, specifically imposing a nomination training contribution charge on these nominations. The Act binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory, but it does not bind the Crown in right of the Commonwealth. The Act extends to external territories that are prescribed under the Migration Act. The nomination training contribution charge applies extraterritorially, meaning it is payable regardless of where the nomination is made or where the liable party is located. The Act sets out the imposition, amount, and limits of the nomination training contribution charge, with provisions for the charge to be adjusted annually based on the Consumer Price Index. The Governor-General may make regulations to prescribe matters required or permitted by the Act or necessary or convenient to implement it. The Act came into effect in two stages, with sections 1 and 2 commencing on the day the Act received Royal Assent, and sections 3 to 10 commencing on 12 August 2018, the same day as Schedule 1 to the Migration Amendment (Skilling Australians Fund) Act 2018. The initial limits set by the Act are $8,000 for temporary visa nominations and $5,500 for permanent visa nominations for the financial year commencing on 1 July 2017. These limits are subject to annual indexation based on the Consumer Price Index, with specific rules provided for rounding the indexed amounts. The regulations may prescribe different charges or methods for different kinds of visas or persons, provided they do not exceed the set limits.

Key Provisions

The Migration (Skilling Australians Fund) Charges Act 2018 (the Act) imposes a nomination training contribution charge on certain visa nominations. Section 7 imposes this charge, which is payable under section 140ZM of the Migration Act 1958. Section 8 sets out how the amount of this charge is determined, either by a prescribed amount or a method prescribed in regulations, with Section 8(3) ensuring that the charge does not exceed the nomination training contribution charge limit for the relevant financial year. Section 9 outlines the limits of this charge, with specific amounts set for the financial year beginning on 1 July 2017, and a method for calculating subsequent year limits based on the Consumer Price Index. The Act imposes several obligations on parties involved in the nomination process. Firstly, the charge must be paid in relation to any nomination made, regardless of whether the nomination is made in Australia or overseas and regardless of the location of the person liable to pay the charge (Section 5). Secondly, the charge must not exceed the specified limits set out in Section 9. Finally, the Governor-General may make regulations to prescribe further details required or permitted by the Act, or necessary or convenient to its operation (Section 10). There are no specific offences or penalties outlined in the Act itself. However, the imposition of the nomination training contribution charge is a financial obligation that, if not met, could potentially lead to enforcement actions under the Migration Act 1958, such as the imposition of administrative penalties or other sanctions. The precise consequences of non-compliance would depend on the provisions of the broader Migration Act and any relevant regulations made under it.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Extraterritorial Application
Offence Provisions
Regulatory Standards
Licensing & Registration

Interactions

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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.