Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 144

STATUTORY RULES 2001 No. 144

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 2001 (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 increase charges payable by certain persons seeking registration or renewal of registration as a migration agent. The increases are to apply only to those persons who seek registration, or renewal of registration, as a commercial or for-profit migration agent. There will be no increase in charges for non-commercial or non-profit migration agents.

The Regulations increase the fees on making an application for registration to $1,180 and for repeat registration to $950. The amount of $1,180 is equivalent to the charge limit, which is calculated under section 7 of the Act and is based on changes to the relevant Consumer Price Index figures.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 July 2001.

Attachment

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Agents Registration Application Charge Regulations 2001 (No. 1).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 1 July 2001.

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

This regulation provides that Schedule 1 to these Regulations amends the Migration Agents Registration Application Charge Regulations 1998.

Schedule 1 - Amendments

Item [1] - Subregulation 4(2)

This item amends subregulation 4(2) by increasing the charges for for-profit-agents for registration made on or after 1 July 2001.

This item amends paragraph 4(2)(a) to provide that the new amount of the charge payable on the making of an application for registration, other than repeat registration, made on or after 1 July 2001 is $1,180. This is an increase from the previous charge of $1,085.

This item amends paragraph 4(2)(b) to provide that the new amount of the charge payable on the making of an application for repeat registration, made on or after 1 July 2001 is $950. This is an increase from the previous charge of $870.

Item [2] - Subregulation 5(2)

This item contains technical amendments. Provisions that are no longer necessary are omitted, and the subregulation is being restructured in line with the amendments to subregulation 4(2).

However, the charges for not-for-profit migration agents under this subregulation are not being increased.