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Act No. 203 of 1997 as amended, taking into account amendments up to Statute Law Revision Act (No. 2) 2015
An Act to impose charge on applications by individuals for registration as migration agents
Administered by: Home Affairs
Registered 28 Jan 2016
Start Date 10 Dec 2015

Migration Agents Registration Application Charge Act 1997

No. 203, 1997

Compilation No. 3

Compilation date:                              10 December 2015

Includes amendments up to:            Act No. 145, 2015

Registered:                                         28 January 2016

 

About this compilation

This compilation

This is a compilation of the Migration Agents Registration Application Charge Act 1997 that shows the text of the law as amended and in force on 10 December 2015 (the compilation date).

This compilation was prepared on 20 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

Part 2—Imposition of charge on registration applications                           2

3............ Definitions.......................................................................................... 2

4............ Imposition of charge........................................................................... 2

5............ Who must pay charge?........................................................................ 2

6............ Amount of charge............................................................................... 2

7............ What is the charge limit?..................................................................... 3

8............ Regulations......................................................................................... 4

Part 3—Imposition of charge in respect of the status of a migration agent’s registration            5

9............ Interpretation....................................................................................... 5

10.......... Imposition of charge........................................................................... 5

11.......... Who must pay charge?........................................................................ 6

12.......... Amount of charge............................................................................... 6

13.......... Regulations......................................................................................... 7

Endnotes                                                                                                                                      8

Endnote 1—About the endnotes                                                                              8

Endnote 2—Abbreviation key                                                                                10

Endnote 3—Legislation history                                                                             11

Endnote 4—Amendment history                                                                           12

 


An Act to impose charge in relation to the registration of migration agents

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Migration Agents Registration Application Charge Act 1997.

2  Commencement

                   This Act commences on 21 March 1998.

Part 2Imposition of charge on registration applications

  

3  Definitions

                   In this Part, 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 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).

8  Regulations

                   The Governor‑General may make regulations for the purposes of section 6.

Part 3Imposition of charge in respect of the status of a migration agent’s registration

  

9  Interpretation

             (1)  In this Part:

Charge Regulations means the Migration Agents Registration Application Charge Regulations 1998.

immigration assistance has the same meaning as in Part 3 of the Migration Act 1958.

non‑commercial application fee means charge payable under regulation 5 of the Charge Regulations.

registered migration agent has the same meaning as in Part 3 of the Migration Act 1958.

             (2)  For the purposes of this Part, a registered migration agent gives immigration assistance on a commercial basis if he or she gives immigration assistance:

                     (a)  on a commercial, or for‑profit, basis; or

                     (b)  as a member of, or a person associated with, an organisation that operates on a commercial, or for‑profit, basis.

             (3)  The regulations may make provision for and in relation to working out the day on which a registered migration agent begins to give immigration assistance on a commercial basis.

10  Imposition of charge

                   Charge is imposed in respect of a registered migration agent:

                     (a)  who paid the non‑commercial application fee in relation to his or her current period of registration; and

                     (b)  who gives immigration assistance on a commercial basis at any time during that period.

11  Who must pay charge?

                   Charge is payable by the registered migration agent.

12  Amount of charge

Amount of charge

             (1)  The amount of charge payable by the registered migration agent is the amount worked out using this formula:

                  

where:

commercial application fee means the amount of charge that would have been payable by the agent under regulation 4 of the Charge Regulations, if that regulation had applied in relation to his or her current period of registration.

paid fee means the non‑commercial application fee paid by the agent in relation to his or her current period of registration.

remaining period means the period:

                     (a)  beginning on the first day in the current period of the agent’s registration on which he or she gives immigration assistance on a commercial basis; and

                     (b)  ending on the last day of the current period of the agent’s registration.

Rounding

             (2)  If the amount worked out using the formula is not a number of whole dollars, it is to be rounded down to the nearest whole dollar.

13  Regulations

                   The Governor‑General may make regulations for the purposes of this Part.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Migration Agents Registration Application Charge Act 1997

203, 1997

17 Dec 1997

21 Mar 1998 (s 2)

 

Migration Agents Registration Application Charge Amendment Act 2002

34, 2002

26 June 2002

26 June 2002 (s 2)

Sch 1 (items 2, 3)

Migration Agents Registration Application Charge Amendment Act 2004

31, 2004

5 Apr 2004

s 1–3: 5 Apr 2004
Sch 1: 1 July 2004 (s 2)

Sch 1 (item 6)

Statute Law Revision Act (No. 2) 2015

145, 2015

12 Nov 2015

Sch 4 (item 28): 10 Dec 2015 (s 2(1) item 7)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title.....................................

am No 31, 2004

Part 1

 

Part 1 heading......................

ad No 31, 2004

Part 2

 

Part 2 heading......................

ad No 31, 2004

s 3........................................

am No 31, 2004

s 7........................................

am No 34, 2002; No 145, 2015

Part 3

 

Part 3...................................

ad No 31, 2004

s 9........................................

ad No 31, 2004

s 10......................................

ad No 31, 2004

s 11......................................

ad No 31, 2004

s 12......................................

ad No 31, 2004

s 13......................................

ad No 31, 2004