Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 65

STATUTORY RULES 2000 No. 65

Issued by the Authority of the Minister for Immigration and Multicultural Affairs

Migration Agents Registration Application Charge Act 1997

Migration Agents Registration Application Charge Amendment Regulations 2000 (No. 1)

Section 8 of the Migration Agents Registration Application Charge Act 1997 ("the Act") provides that the Governor-General may make regulations for the purposes of section 6 of the

Act. Section 6 of the Act provides that:

*       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 for different kinds of individuals making registration applications; and

*       the regulations must not prescribe an amount more than the charge limit for the registration application. The charge limit for a registration application made in the financial year ending at the end of 30 June 1998 is $1,100. After this date, the charge limit is indexed to any increase in the Consumer Price Index.

The purpose of the Regulations is to:

*       provide that the reduced fee for registration as a migration agent is only available to an applicant who intends to provide immigration assistance on a non-commercial or non-profit basis; and

*       increase the fees for registration consistent with tax reforms. For most migration agents the tax reforms' will result in net- savings of around 3% in real terms.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 July 2000.

ATTACHMENT

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Agents Registration Application Charge Amendment Regulations 2000 (No. 1).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 July 2000.

Regulation 3 - Amendment of Migration Agents Registration Application Charge Regulations 1998

This regulation provides for the Migration Agents Registration Application Charge Regulations 1998 to be amended as set out in Schedule 1 to these Regulations.

Schedule 1 - Amendments

Item 1 - Regulation 3

This item defines a number of terms for the purposes of the Migration Agents Registration Application Charge Regulations 1998.

This item also specifies the various fees payable for an application for registration as a migration agent pursuant to section 6 of the Act. The fee payable depends upon when the application is made and whether the individual seeking registration intends to act:

*       on a commercial, or for profit basis, or as a member of, or a person associated with, an organisation that operates on a commercial, or for profit basis; or

*       on a non-commercial, or not for profit basis, or as a member of, or a person associated with, an organisation that operates on a non-commercial, or not for profit basis.