Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGISTRATION APPLICATION CHARGE REGULATIONS 1998 1998 NO. 34

STATUTORY RULES 1998 NO. 34

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

Migration Agents Registration Application Charge Act 1997

Migration Agents Registration Application Charge Regulations 1998

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 prescribe amounts of charge payable for individuals who make an application for registration as a migration agent.

Details of the Regulations are as follows.

Regulation 1 - Name of Regulation

This regulation provides that these Regulations are the Migration Agents Registration Application Charge Regulations 1998.

Regulation 2 - Commencement

This regulation provides that these Regulations commence on 21 March 1998.

Regulation 3 - Amount of charge

Subregulation 3(1) provides that for section 6 of the Act, the amount of charge payable is as provided for two kinds of individuals, as follows.

Paragraph 3(1)(a) provides the charge payable, for an individual who intends, as disclosed in the application, to charge a fee for giving immigration assistance, to be:

*       $1,000 for an application for registration; or

*       $800 for an application for repeat registration made on or after 21 March 1999.

Paragraph 3(1)(b) provides the charge payable, for an individual who does not intend, as disclosed in the application, to charge a fee for giving immigration assistance, to be:

*       $150 for an application for registration; or

*       $100 for an application for repeat registration made on or after 21 March 1999,

Subregulation 3(2) provides that for subparagraphs 3(1)(a)(iii) and 3(1)(b)(iii), an applicant applies for repeat registration if he or she has been registered at some time in the 12 months before making the application.

The Regulations commence on 21 March 1998.