Migration Agents Registration Application Charge Regulations 1998

Statutory Rules 1998 No. 34 as amended

made under the

This compilation was prepared on 1 July 2005
taking into account amendments up to SLI 2005 No. 132

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

                        1     Name of regulations [see Note 1]                                      3

                        2     Commencement                                                              3

                        3     Interpretation                                                                   3

                        4     Amount of charge: commercial or for-profit assistance (Act s 6)           3

                        5     Amount of charge: non-commercial or non-profit assistance (Act s 6)   4

                        6     Day when registered migration agent begins working on a commercial basis    4

Notes                                                                                                            5

1              Name of regulations [see Note 1]

                These regulations are the Migration Agents Registration Application Charge Regulations 1998.

2              Commencement

                These regulations commence on 21 March 1998.

3              Interpretation

         (1)   In these Regulations:

Act means the Migration Agents Registration Application Charge Act 1997.

         (2)   In these Regulations, an individual applies for repeat registration if the individual:

                (a)    applies for registration; and

               (b)    has been registered at some time in the period of 12 months before making the application.

4              Amount of charge: commercial or for-profit assistance (Act s 6)

         (1)   This regulation applies to an individual who acts, as disclosed in the individual’s registration application:

                (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.

         (2)   For the purposes of section 6 of the Act:

                (a)    the amount of charge payable on the making of an application for registration, other than repeat registration, made on or after 1 July 2003 is $1 760; and

               (b)    the amount of charge payable on the making of an application for repeat registration made on or after 1 July 2005 is $1 595.

5              Amount of charge: non-commercial or non-profit assistance (Act s 6)

         (1)   This regulation applies to an individual who acts, as disclosed in the individual’s registration application, solely:

                (a)    on a non-commercial or non-profit basis; and

               (b)    as a member of, or a person associated with, an organisation that operates in Australia solely on a
non-commercial or non-profit basis.

         (2)   For the purposes of section 6 of the Act:

                (a)    the amount of charge payable on the making of an application for registration, other than repeat registration, made on or after 1 July 2000 is $160; and

               (b)    the amount of charge payable on the making of an application for repeat registration made on or after 1 July 2000 is $105.

6              Day when registered migration agent begins working on a commercial basis

                For subsection 9 (3) of the Act, a registered migration agent begins to give immigration assistance on a commercial basis on the earliest of:

                (a)    the day on which the agent gives a client an estimate of fees before starting work on behalf of the client; and

               (b)    the day on which the agent charges a client a fee for services provided; and

                (c)    the day on which the agent becomes a person associated with an organisation that gives immigration assistance on a commercial, or for-profit, basis; and

               (d)    the day on which the agent becomes a member of an organisation that gives immigration assistance on a commercial, or for-profit, basis.

Notes to the Migration Agents Registration Application Charge Regulations 1998

Note 1

The Migration Agents Registration Application Charge Regulations 1998 (in force under the Migration Agents Registration Application Charge Act 1997) as shown in this compilation comprise Statutory Rules 1998 No. 34 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Table of Amendments

Table A                  Application, saving or transitional provisions

Select Legislative Instrument 2005 No. 132

4              Transitional

                The amendment made by item 1 of Schedule 1 applies in relation to an application for repeat registration made on or after 1 July 2005.