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Schedule 1—Rates of charge

Schedule 1 Rates of charge

Part 1 Amendments

Migration Agents Registration Application Charge Act 1997

1  Part 2 (heading)

Repeal the heading.

2  Section 3

Omit “In this Part, unless the contrary intention appears:”, substitute “In this Act:”.

3  Section 3

Insert:

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 of this Act that is payable under regulation 5 of the Migration Agents Registration Application Charge Regulations 1998 .

non-commercial basis : a registered migration agent gives immigration assistance on a non-commercial basis if the assistance is given solely:

                     (a)  on a non-commercial or non-profit basis; and

                     (b)  as 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 ).

registered migration agent has the same meaning as in Part 3 of the Migration Act 1958 .

4  After section 3

Insert:

Part 2 Imposition of charge on registration applications

5  Part 3 (heading)

Repeal the heading, substitute:

Part 3 Imposition of charge on basis of status of migration agent

6  Sections 9 and 10

Repeal the sections, substitute:

10   Imposition of charge

                   Charge is imposed in respect of a registered migration agent:

                     (a)  who paid the non-commercial application charge in relation to his or her current period of registration; and

                     (b)  who, at any time during that period, gives immigration assistance otherwise than on a non-commercial basis.

7  Subsection 12(1)

Repeal the subsection, substitute:

Amount of charge

             (1)  The amount of charge payable by the registered migration agent is the amount worked out using the following formula:

where:

general charge means an amount of charge imposed under Part 2 of this Act that would have been payable by the agent under regulation 4 of the Migration Agents Registration Application Charge Regulations 1998 , if that regulation had applied in relation to his or her current period of registration.

paid non-commercial application charge means the non-commercial application charge paid by the agent in relation to his or her current period of registration.

remaining period means the period:

                     (a)  beginning on the first day, as prescribed in accordance with regulations made for the purposes of this paragraph, in the current period of the agent’s registration on which he or she gives immigration assistance otherwise than on a non-commercial basis; and

                     (b)  ending on the last day of the current period of the agent’s registration.

Part 2 Application of amendments

8  Application of amendments

(1)       The amendments of the Migration Agents Registration Application Charge Act 1997 made by this Schedule apply in relation to:

                     (a)  the imposition of charge under Part 3 of that Act in respect of the registration of a registered migration agent on and after the commencement of this Schedule; and

                     (b)  a remaining period, within the meaning of subsection 12(1) of that Act as amended, of a registered migration agent’s registration, whether the remaining period starts before, on or after the commencement of this Schedule.

(2)       However, those amendments do not apply in relation to a registered migration agent during the current period of the agent’s registration if the agent became liable to pay a charge imposed under Part 3 of that Act, in relation to that period, before the commencement of this Schedule.