Compilation #4 | Effective 2020-10-15
FRBR Work URI: /akn/au/act/1997/203
This Act may be cited as the Migration Agents Registration Application Charge Act 1997.
This Act commences on 21 March 1998.
In this Act:
begins: a registered migration agent begins to give immigration assistance otherwise than on a non-commercial basis on a day worked out in accordance with regulations made for the purposes of this definition.
charge limit for a registration application made in a financial year has the meaning given by section 7.
general charge means an amount of charge imposed by Part 2 that is prescribed by regulation, for the purposes of section 6, as the general charge.
immigration assistance has the same meaning as in Part 3 of the Migration Act 1958.
non-commercial application charge means an amount of charge imposed by Part 2 that is prescribed by regulation, for the purposes of section 6, as the non-commercial application charge.
non-commercial basis: a registered migration agent gives immigration assistance on a non-commercial basis if the assistance is given solely:
on a non-commercial or non-profit basis; and
as a member of, or a person associated with, an organisation that operates in Australia solely:
on a non-commercial or non-profit basis; and
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).
registered migration agent has the same meaning as in Part 3 of the Migration Act 1958.
registration application has the same meaning as in Part 3 of the Migration Act 1958.
Charge is imposed on an individual’s making of a registration application on or after 21 March 1998.
Charge is payable by the individual making the registration application.
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.
The regulations may prescribe different amounts (including nil amounts) for different kinds of individuals making registration applications.
The regulations must not prescribe an amount more than the charge limit for the registration application.
(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:
multiplying the charge limit for the immediately preceding financial year by the greater of:
the indexation factor worked out using the formula in subsection (3); and
1.0; and
rounding the product to the nearest multiple of $5 (rounding an odd multiple of $2.50 to the next higher multiple of $5).
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.
The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.
When working out the indexation factor:
use only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and
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).
The Governor-General may make regulations for the purposes of section 6.
Charge is imposed in respect of a registered migration agent:
who paid the non-commercial application charge in relation to the agent’s current period of registration; and
who, during that period, begins to give immigration assistance otherwise than on a non-commercial basis.
Charge is payable by the registered migration agent.
Amount of charge
The amount of charge payable by the registered migration agent is the amount worked out using the following formula:
notional general charge means the amount of general charge that would have been payable by the agent in relation to the agent’s current period of registration if the non-commercial application charge had not been payable by the agent in relation to that period.
paid non-commercial application charge means the amount of non-commercial application charge paid by the agent in relation to the agent’s current period of registration.
remaining period means the period that:
starts on the first day in the agent’s current period of the registration on which the agent begins to give immigration assistance otherwise than on a non-commercial basis; and
ends on the last day of the agent’s current period of registration.
Rounding
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.
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
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
Endnote 3—Legislation history
Endnote 4—Amendment history