Migration Agents Registration Application Charge Act 1997
Act No. 203 of 1997 as amended
This compilation was prepared on 18 July 2002
taking into account amendments up to Act No. 34 of 2002
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

Contents
1	Short title [see Note 1]	1
2	Commencement	1
3	Definitions	1
4	Imposition of charge	1
5	Who must pay charge?	1
6	Amount of charge	1
7	What is the charge limit?	2
8	Regulations	3
Notes		5

An Act to impose charge on applications by individuals for registration as migration agents
1  Short title [see Note 1]
		This Act may be cited as the Migration Agents Registration Application Charge Act 1997.
2  Commencement
		This Act commences on 21 March 1998.
3  Definitions
		In this Act, unless the contrary intention appears:
charge limit for a registration application made in a financial year has the meaning given by section 7.
registration application has the same meaning as in Part 3 of the Migration Act 1958.
4  Imposition of charge
		Charge is imposed on an individual’s making of a registration application on or after 21 March 1998.
5  Who must pay charge?
		Charge is payable by the individual making the registration application.
6  Amount of charge
	(1)	The amount of charge payable on an individual’s making of a registration application is the amount prescribed by the regulations for an individual of that kind.
	(2)	The regulations may prescribe different amounts (including nil amounts) for different kinds of individuals making registration applications.
	(3)	The regulations must not prescribe an amount more than the charge limit for the registration application.
7  What is the charge limit?
	(1)	The charge limit for a registration application made in the financial year ending at the end of 30 June 2002 is $1,800.
	(2)	Work out the charge limit for a registration application made in a later financial year by:
	(a)	multiplying the charge limit for the immediately preceding financial year by the greater of:
	(i)	the indexation factor worked out using the formula in subsection (3); and
	(ii)	1.0; and
	(b)	rounding the product to the nearest multiple of $5 (rounding an odd multiple of $2.50 to the next higher multiple of $5).
	(3)	The formula for the indexation factor is:

where:
CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.
	(4)	The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.
	(5)	When working out the indexation factor:
	(a)	use only the index numbers published in terms of the most recently published reference base 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 reference base).
8  Regulations
		The Governor‑General may make regulations for the purposes of section 6.

Notes to the Migration Agents Registration Application Charge Act 1997
Note 1
The Migration Agents Registration Application Charge Act 1997 as shown in this compilation comprises Act No. 203, 1997 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A. 
Table of Acts

Act	Number 
and year	Date 
of Assent	Date of commencement	Application, saving or transitional provisions	

Migration Agents Registration Application Charge Act 1997	203, 1997	17 Dec 1997	21 Mar 1998		
Migration Agents Registration Application Charge Amendment Act 2002	34, 2002	26 June 2002	26 June 2002	Sch. 1 (items 2 and 3)	

Table of Amendments
ad. = added or inserted	am. = amended	rep. = repealed	rs. = repealed and substituted
Provision affected	How affected	
S. 7		am. No. 34, 2002	

Table A
Application, saving or transitional provisions
Migration Agents Registration Application Charge Amendment Act 2002 
(No. 34, 2002)
Schedule 1
2  Application—section 7 of the Migration Agents Registration Application Charge Act 1997
Despite the amendment of section 7 of the Migration Agents Registration Application Charge Act 1997 made by this Schedule, that section continues to apply, in relation to registration applications made in:
	(a)	the financial year that began on 1 July 2000; or
	(b)	an earlier financial year;
as if that amendment had not been made.
3  Transitional—section 7 of the Migration Agents Registration Application Charge Act 1997
To avoid doubt, the amount of charge payable for the making of a registration application during the period:
	(a)	beginning on 1 July 2001; and
	(b)	ending immediately before the commencement of this item;
must not exceed the amount that would have been the charge limit for the financial year that began on 1 July 2001 if the amendment of section 7 of the Migration Agents Registration Application Charge Act 1997 made by this Schedule had not been made.