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Migration Agents Registration Application Charge Amendment Bill 2002

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2002

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT BILL 2002

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the

Minister for Immigration and Multicultural and Indigenous Affairs,

The Hon. Philip Ruddock MP)

 

 



MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT BILL 2002

 

OUTLINE

 

1.       The Migration Agents Registration Application Charge Amendment Bill 2002 (“the Bill”) amends the Migration Agents Registration Application Charge Act 1997 (“the Act”) to increase the amount of the migration agents' registration application charge limit.

 

2.       The Migration Act 1958 provides a scheme for regulating the migration advice industry and those who seek to practice as migration agents.

 

3.       A migration agent is an individual who uses their knowledge or experience in migration procedure to give what is defined in the Migration Act 1958 as “immigration assistance”.

 

4.       The regulatory framework requires the registration of people who provide immigration assistance to visa applicants.

 

5.       To apply for registration as a migration agent a person must pay the relevant application charge set out in the Migration Agents Registration Application Charge Regulations 1998 (“the Regulations”).

 

6.       This amendment will enable future increases in registration application charges where appropriate.

 

FINANCIAL IMPACT STATEMENT

 

7.       This amendment will have no direct financial impact as it merely increases the upper limit of the charge for making a migration agents' registration application.  The actual registration application charge payable on an individual's making of a registration application is set out in the Regulations.

 

 



MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT BILL 2002

 

 

NOTES ON INDIVIDUAL CLAUSES

 

Clause 1             Short title

 

1.       The short title by which this Act may be cited is the Migration Agents Registration Application Charge Amendment Act 2002 .

 

Clause 2             Commencement

 

2.       Subclause 2(1) provides that this Act commences on the day on which it receives the Royal Assent.

 

Clause 3            Schedule(s)

 

3.       This clause provides that each Act specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned.  In addition, any other item in a Schedule to this Act has effect according to its terms.



SCHEDULE 1 - Amendment of the Migration Agents Registration Application Charge

                            Act 1997

 

 

Item 1               Subsection 7(1)

 

4.       This item omits the words “1998 is $1,100” from subsection 7(1) of the Act and substitutes the words “2002 is $1,800”.  This amendment increases the migration agents' registration application charge limit.  The actual amount of charge payable by migration agents is set out in the Migration Agents Registration Application Charge Regulations 1998 .

 

Item 2              Application - section 7 of the Migration Agents Registration Application Charge Act 1997

 

5.       This item provides that despite the amendment to section 7 contained in item 1 of this Schedule, that section continues to apply as if that amendment had not been made to registration applications made in:

 

·          the financial year that began on 1 July 2000; or

·          an earlier financial year.

 

Item 3             Transitional - section 7 of the Migration Agents Registration Application Charge Act 1997

 

1.       This item clarifies that the amount of charge payable for the making of a registration application during the period:

 

·          beginning on 1 July 2001; and

·          ending immediately before the commencement of this item;

 

must not exceed the amount that would have been the charge limit for the financial year that began on 1 July 2001 if the amendment of section 7 of the Migration Agents Registration Application Charge Act 1997 , made by item 1 of this Schedule, had not been made.