Federal Register of Legislation - Australian Government

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SR 1998 No. 34 Regulations as amended, taking into account amendments up to Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020
Administered by: Home Affairs
Registered 22 Oct 2020
Start Date 15 Oct 2020

Commonwealth Coat of Arms of Australia

Migration Agents Registration Application Charge Regulations 1998

Statutory Rules No. 34, 1998

made under the

Migration Agents Registration Application Charge Act 1997

Compilation No. 12

Compilation date:                              15 October 2020

Includes amendments up to:            F2020L00999

Registered:                                         22 October 2020

About this compilation

This compilation

This is a compilation of the Migration Agents Registration Application Charge Regulations 1998 that shows the text of the law as amended and in force on 15 October 2020 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............ Name of regulations............................................................................ 1

3............ Interpretation....................................................................................... 1

Part 2—General charge and non‑commercial application charge           2

4............ Amount of general charge................................................................... 2

5............ Amount of non‑commercial application charge................................... 2

Part 2A—Charge on basis of status of migration agent                                 3

6............ Working out amount of charge............................................................ 3

Part 3—Transitional and application provisions                                                4

7............ Amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017............................................................................................................ 4

8............ Amendments made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020.................................................................. 4

Endnotes                                                                                                                                      5

Endnote 1—About the endnotes                                                                              5

Endnote 2—Abbreviation key                                                                                  6

Endnote 3—Legislation history                                                                               7

Endnote 4—Amendment history                                                                             8


Part 1Preliminary

  

1  Name of regulations

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

3  Interpretation

                   In these Regulations:

Act means the Migration Agents Registration Application Charge Act 1997.

repeat registration has the same meaning as in the Migration Agents Regulations 1988.

Part 2General charge and non‑commercial application charge

  

4  Amount of general charge

             (1)  This regulation applies to an individual making a registration application unless regulation 5 applies to the individual.

             (2)  For the purposes of section 6 of the Act, the amount of general charge payable is as follows:

                     (a)  the amount of general charge payable on the making of an application for registration, other than repeat registration, is $1 760;

                     (b)  the amount of general charge payable on the making of an application for repeat registration is $1 595.

5  Amount of non‑commercial application charge

             (1)  This regulation applies to an individual who intends to provide immigration assistance on a non‑commercial basis.

             (2)  For the purposes of section 6 of the Act, the amount of non‑commercial application charge payable is as follows:

                     (a)  the amount of non‑commercial application charge payable on the making of an application for registration, other than repeat registration, is $160;

                     (b)  the amount of non‑commercial application charge payable on the making of an application for repeat registration is $105.

Part 2ACharge on basis of status of migration agent

  

6  Working out amount of charge

                   For the purposes of the definition of begins in section 3 of the Act, and paragraph (a) of the definition of remaining period in subsection 12(1) of the Act, the first day in the current period of a registered migration agent’s registration on which the agent begins to give immigration assistance otherwise than on a non‑commercial basis is the earliest of the following days:

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

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

                     (c)  the first day in the period on which the agent is (or becomes) a person associated with, or a member of, an organisation that gives immigration assistance on a commercial, or for‑profit, basis;

                     (d)  the first day in the period on which the agent is not (or is no longer) a member of, or a person associated with, an organisation that operates in Australia solely:

                              (i)  on a non‑commercial or non‑profit basis; and

                             (ii)  as a charity, or for the benefit of the Australian community.

Note:       Charity has the meaning given by Part 2 of the Charities Act 2013 (see section 2B of the Acts Interpretation Act 1901).

Part 3Transitional and application provisions

  

7  Amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017

                   The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to a registration application made on or after 1 July 2017.

Note:          Schedule 7 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 commences on 1 July 2017.

8  Amendments made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020

                   The amendments of these Regulations made by Schedule 1 to the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020 apply in relation to:

                     (a)  an amount of general charge or non‑commercial application charge in respect of a registration application made on or after the commencement of this regulation; and

                     (b)  an amount of charge imposed under section 10 of the Act (on the basis of the status of a migration agent) in respect of a registered migration agent’s current period of registration resulting from a registration application made on or after the commencement of this regulation.


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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

34, 1998

20 Mar 1998

21 Mar 1998 (r 2)

 

282, 1998

1 Sept 1998

1 Sept 1998 (r 2)

89, 1999

4 June 1999

1 July 1999 (r 2)

65, 2000

4 May 2000

1 July 2000 (r 2)

144, 2001

20 June 2001

1 July 2001 (r 2)

93, 2003

22 May 2003

1 July 2003 (r 2)

130, 2004

18 June 2004

1 July 2004 (r 2)

192, 2004

1 July 2004

Sch 3: 1 July 2004 (r 2)

247, 2004

12 Aug 2004

1 July 2004 (r 2)

132, 2005

20 June 2005 (F2005L01498)

1 July 2005 (r 2)

r 4

 

Name

Registration

Commencement

Application, saving and transitional provisions

Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017

29 June 2017 (F2017L00816)

Sch 7 and Sch 12 (item 2): 1 July 2017 (s 2(1) item 1)

Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020

7 Aug 2020 (F2020L00999)

Sch 1: 15 Oct 2020 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading...........................

ad F2017L00816

r 2.............................................

rep LA s 48D

r 3.............................................

am No 282, 1998; No 89, 1999

 

rs No 65, 2000

 

am F2020L00999

Part 2

 

Part 2 heading...........................

ad F2017L00816

 

rs F2020L00999

r 4.............................................

ad No 65, 2000

 

am No 144, 2001; No 93, 2003; No 192, 2004; No 247, 2004; No 132, 2005; F2017L00816; F2020L00999

r 5.............................................

ad No 65, 2000

 

am No 144, 2001; No 93, 2003; No 192, 2004; No 247, 2004; F2017L00816; F2020L00999

Part 2A

 

Part 2A heading.........................

ad F2020L00999

r 6.............................................

ad No 130, 2004

 

am No 132, 2005

 

rs F2020L00999

Part 3

 

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

ad F2017L00816

r 7.............................................

ad F2017L00816

r 8.............................................

ad F2020L00999