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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Skilling
Australians Fund) Bill 2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to make amendments relating to
the enactment of the Migration (Skilling Australians
Fund) Charges Act 2017, and for related purposes
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Nomination training contribution charges
4
Part 1--Main amendments
4
Migration Act 1958
4
Part 2--Other amendments
8
Migration Act 1958
8
Part 3--Application and transitional provisions
10
Schedule 2--Contingent amendments
11
Part 1--Amendments if the Migration Amendment (Family
Violence and Other Measures) Act 2017 commences
after this Act
11
Migration Act 1958
11
Part 2--Amendments if the Migration Amendment (Family
Violence and Other Measures) Act 2017 commences
before this Act
13
Migration Act 1958
13
Part 3--Application and transitional provisions
15
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
1
A Bill for an Act to make amendments relating to
1
the enactment of the Migration (Skilling Australians
2
Fund) Charges Act 2017, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Migration Amendment (Skilling Australians Fund)
6
Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2,
Part 1
At the same time as the provisions covered
by table item 2.
However, if Schedule 1 to the Migration
Amendment (Family Violence and Other
Measures) Act 2017 commences at or before
that time, the provisions covered by this
table item do not commence at all.
4. Schedule 2,
Part 2
At the same time as the provisions covered
by table item 2.
However, if Schedule 1 to the Migration
Amendment (Family Violence and Other
Measures) Act 2017 does not commence on
or before the commencement of the
provisions covered by table item 2, the
provisions covered by this table item do not
commence at all.
5. Schedule 2,
Part 3
At the same time as the provisions covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Nomination training contribution charges
Part 1 Main amendments
4
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
Schedule 1--Nomination training contribution
1
charges
2
Part 1--Main amendments
3
Migration Act 1958
4
1 Subsection 5(1)
5
Insert:
6
Finance Minister means the Minister who administers the Public
7
Governance, Performance and Accountability Act 2013.
8
nomination training contribution charge means nomination
9
training contribution charge imposed by section 7 of the Migration
10
(Skilling Australians Fund) Charges Act 2017.
11
2 Paragraph 140GB(2)(a)
12
Omit "sponsor", substitute "person".
13
3 Subsection 140GB(2) (note)
14
Omit "Note", substitute "Note 1".
15
4 At the end of subsection 140GB(2)
16
Add:
17
Note 2:
See section 140ZM for when a person is liable to pay nomination
18
training contribution charge.
19
5 Paragraphs 140GBA(1)(b) and (c)
20
Omit "sponsor", substitute "person".
21
6 Subsection 140GBB(1)
22
Omit "the sponsor", substitute "the person".
23
7 Subsection 140GBB(2)
24
Omit "sponsor", substitute "person".
25
Nomination training contribution charges Schedule 1
Main amendments Part 1
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
5
8 Subparagraphs 140GBB(4)(a)(i) and (ii)
1
Omit "sponsor", substitute "person".
2
9 Paragraph 140GBB(4)(b)
3
Omit "sponsor", substitute "person".
4
10 Paragraph 140GBB(4)(b)
5
Omit "sponsors", substitute "persons".
6
11 At the end of Division 3A of Part 2
7
Add:
8
140ZL Division binds the Crown
9
(1) This Division binds the Crown in right of the Commonwealth, of
10
each of the States, of the Australian Capital Territory and of the
11
Northern Territory.
12
(2) However, this Division does not make the Crown liable to be
13
prosecuted for an offence.
14
(3) To avoid doubt, subsection (2) does not prevent the Crown being
15
liable to pay a pecuniary penalty under this Division.
16
12 After Division 3A of Part 2
17
Insert:
18
Division 3B--Nominations
19
140ZM Nomination training contribution charge
20
(1) A person is liable to pay nomination training contribution charge to
21
the Commonwealth in relation to a nomination by the person under
22
section 140GB if the nomination is a nomination of a kind
23
prescribed by the regulations.
24
(2) A person applying under the regulations, or in accordance with the
25
terms of a work agreement, for approval of a nomination of a
26
position in relation to the holder of, or an applicant or proposed
27
applicant for, a visa, is liable to pay nomination training
28
Schedule 1 Nomination training contribution charges
Part 1 Main amendments
6
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
contribution charge to the Commonwealth in relation to the
1
nomination if:
2
(a) the visa is of a kind (however described) prescribed by the
3
regulations; and
4
(b) the nomination is a nomination of a kind prescribed by the
5
regulations.
6
140ZN Regulations about nomination training contribution charge
7
The regulations may make provision for, or in relation to, all or any
8
of the following matters:
9
(a) when nomination training contribution charge is due and
10
payable;
11
(b) the method of paying nomination training contribution charge
12
(including the currency in which the charge must be paid);
13
(c) the remission or refund of nomination training contribution
14
charge;
15
(d) the overpayment or underpayment of nomination training
16
contribution charge;
17
(e) the payment of a penalty in relation to the underpayment of
18
nomination training contribution charge;
19
(f) the giving of information and keeping of records relating to a
20
person's liability to pay nomination training contribution
21
charge.
22
140ZO Recovery of nomination training contribution charge and
23
late payment penalty
24
If an amount of:
25
(a) nomination training contribution charge; or
26
(b) a penalty in relation to the underpayment of such a charge;
27
is due and payable to the Commonwealth, the amount is a debt due
28
to the Commonwealth and may be recovered by action in a court of
29
competent jurisdiction.
30
140ZP Notional application of nomination training contribution
31
charge in relation to nominations by the Commonwealth
32
(1) The Commonwealth is not liable to pay nomination training
33
contribution charge that is payable under section 140ZM.
34
Nomination training contribution charges Schedule 1
Main amendments Part 1
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
7
However, it is the Parliament's intention that the Commonwealth
1
should be notionally liable to pay such charge.
2
(2) The Finance Minister may give such written directions as are
3
necessary or convenient for carrying out or giving effect to
4
subsection (1) and, in particular, may give directions in relation to
5
the transfer of money within an account, or between accounts,
6
operated by the Commonwealth.
7
(3) Directions under subsection (2) have effect, and must be complied
8
with, despite any other Commonwealth law.
9
(4) A direction under subsection (2) is not a legislative instrument.
10
(5) In subsections (1) and (2), Commonwealth includes a
11
Commonwealth entity (within the meaning of the Public
12
Governance, Performance and Accountability Act 2013) that
13
cannot be made liable to taxation by a Commonwealth law.
14
140ZQ Division binds the Crown
15
(1) This Division binds the Crown in right of the Commonwealth, of
16
each of the States, of the Australian Capital Territory and of the
17
Northern Territory.
18
(2) However, this Division does not make the Crown liable to be
19
prosecuted for an offence.
20
(3) To avoid doubt, subsection (2) does not prevent the Crown being
21
liable to pay a pecuniary penalty under this Division.
22
Schedule 1 Nomination training contribution charges
Part 2 Other amendments
8
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
Part 2--Other amendments
1
Migration Act 1958
2
13 After paragraph 140GBA(3)(a)
3
Insert:
4
(aa) the labour market testing in relation to the nominated position
5
was undertaken in the manner determined under
6
subsection (5); and
7
14 Subparagraph 140GBA(3)(b)(i)
8
Omit "(see subsections (5) and (6))", substitute "of a kind determined
9
under subsection (6A)".
10
15 Subsections 140GBA(5), (6) and (6A)
11
Repeal the subsections, substitute:
12
(5) For the purposes of paragraph (3)(aa), the Minister may, by
13
legislative instrument, determine the manner in which labour
14
market testing in relation to a nominated position must be
15
undertaken.
16
(6) Without limiting subsection (5), the Minister may determine the
17
following:
18
(a) the language to be used for any advertising (paid or unpaid)
19
of the position, and any similar positions, commissioned or
20
authorised by the approved sponsor;
21
(b) the method of any such advertising;
22
(c) the period during which any such advertising must occur;
23
(d) the duration of any such advertising.
24
(6A) For the purposes of subparagraph (3)(b)(i), the Minister may, by
25
legislative instrument, determine kinds of evidence that must
26
accompany a nomination.
27
(6B) Without limiting subsection (6A), the Minister may determine that
28
a copy of any advertising mentioned in subsection (6) must
29
accompany a nomination.
30
Nomination training contribution charges Schedule 1
Other amendments Part 2
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
9
(6C) Without limiting subsection (5) or (6A), the Minister may prescribe
1
different manners or evidence for different nominated positions or
2
classes of nominated positions.
3
Schedule 1 Nomination training contribution charges
Part 3 Application and transitional provisions
10
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
Part 3--Application and transitional provisions
1
16 Application provision
2
(1)
Subdivision B of Division 3A of Part 2 of the Migration Act 1958, as
3
amended by Part 1 of this Schedule, applies in relation to:
4
(a) nominations made on or after the commencement of this
5
item; and
6
(b) nominations made before the commencement of this item but
7
not decided at the commencement of this item.
8
(2)
Subdivision B of Division 3A of Part 2 of the Migration Act 1958, as
9
amended by Part 2 of this Schedule, applies in relation to nominations
10
made on or after the commencement of this item.
11
(3)
Division 3B of Part 2 of the Migration Act 1958, as inserted by Part 1 of
12
this Schedule, applies in relation to nominations made on or after the
13
commencement of this item.
14
17 Transitional provision
15
An exemption made under subsection 140GBB(2) of the Migration Act
16
1958 that was in force immediately before the commencement of this
17
item continues in force (and may be dealt with) as if it had been made
18
under that subsection as amended by this Act.
19
20
Contingent amendments Schedule 2
Amendments if the Migration Amendment (Family Violence and Other Measures) Act
2017 commences after this Act Part 1
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
11
Schedule 2--Contingent amendments
1
Part 1--Amendments if the Migration Amendment
2
(Family Violence and Other Measures) Act
3
2017 commences after this Act
4
Migration Act 1958
5
1 Subsection 140GB(1)
6
Omit "An approved sponsor", substitute "A person who is, or who has
7
applied to be, an approved sponsor, or a person who is a party to
8
negotiations for a work agreement,".
9
2 Subsection 140GB(2)
10
Omit "an approved sponsor's", substitute "a person's".
11
3 After paragraph 140GB(2)(a)
12
Insert:
13
(aa) in a case in which the person is liable to pay nomination
14
training contribution charge in relation to the nomination--
15
the person has paid the charge; and
16
(ab) in any case--the person is an approved sponsor; and
17
4 Subsection 140GB(3)
18
Omit "an approved sponsor's", substitute "a person's".
19
5 Subsection 140GBA(1)
20
Omit "an approved sponsor", substitute "a person".
21
6 Paragraph 140GBA(1)(a)
22
Omit "approved sponsor is in a class of sponsors", substitute "person is,
23
or has applied to be, in a class of approved sponsors".
24
7 Paragraph 140GBA(3)(a)
25
Omit "approved sponsor", substitute "person".
26
Schedule 2 Contingent amendments
Part 1 Amendments if the Migration Amendment (Family Violence and Other
Measures) Act 2017 commences after this Act
12
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
8 Subparagraph 140GBA(3)(b)(ii)
1
Omit "approved sponsor", substitute "person".
2
9 Paragraph 140GBA(5)(a)
3
Omit "approved sponsor's", substitute "person's".
4
10 Subparagraph 140GBA(6)(a)(i)
5
Omit "approved sponsor", substitute "person".
6
11 Subparagraph 140GBA(6)(b)(i)
7
Omit "approved sponsor's", substitute "person's".
8
12 Subsection 140GBA(6A)
9
Omit "approved sponsor" (first and second occurring), substitute
10
"person".
11
13 Subsection 140GBA(7) (definition of eligible temporary
12
visa holder)
13
Omit "an approved sponsor", substitute "another person".
14
14 Subsection 140GBA(7) (paragraph (b) of the definition of
15
eligible temporary visa holder)
16
Omit "approved sponsor" (first and second occurring), substitute "other
17
person".
18
15 Subsection 140GBB(1)
19
Omit "An approved sponsor", substitute "A person".
20
16 Subsection 140GBB(4)
21
Omit "an approved sponsor", substitute "a person".
22
17 Subsection 140GBC(1)
23
Omit "an approved sponsor, under section 140GB, if the sponsor",
24
substitute "a person, under section 140GB, if the person".
25
18 Subsections 140GBC(2) and (3)
26
Omit "approved sponsor", substitute "person".
27
Contingent amendments Schedule 2
Amendments if the Migration Amendment (Family Violence and Other Measures) Act
2017 commences before this Act Part 2
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
13
Part 2--Amendments if the Migration Amendment
1
(Family Violence and Other Measures) Act
2
2017 commences before this Act
3
Migration Act 1958
4
19 Subsection 140GB(1)
5
After "An approved work sponsor", insert ", a person who has applied
6
to be an approved work sponsor, or a person who is a party to
7
negotiations for a work agreement,".
8
20 Subsection 140GB(2)
9
Omit "an approved work sponsor's", substitute "a person's".
10
21 After paragraph 140GB(2)(a)
11
Insert:
12
(aa) in a case in which the person is liable to pay nomination
13
training contribution charge in relation to the nomination--
14
the person has paid the charge; and
15
(ab) in any case--the person is an approved work sponsor; and
16
22 Subsection 140GB(3)
17
Omit "an approved work sponsor's", substitute "a person's".
18
23 Subsection 140GBA(1)
19
Omit "an approved work sponsor", substitute "a person".
20
24 Paragraph 140GBA(1)(a)
21
Omit "approved work sponsor is in a class of sponsors", substitute
22
"person is, or has applied to be, in a class of approved work sponsors".
23
25 Paragraph 140GBA(3)(a)
24
Omit "approved work sponsor", substitute "person".
25
26 Subparagraph 140GBA(3)(b)(ii)
26
Omit "approved work sponsor", substitute "person".
27
Schedule 2 Contingent amendments
Part 2 Amendments if the Migration Amendment (Family Violence and Other
Measures) Act 2017 commences before this Act
14
Migration Amendment (Skilling Australians Fund) Bill 2017
No. , 2017
27 Paragraph 140GBA(5)(a)
1
Omit "approved work sponsor's", substitute "person's".
2
28 Subparagraph 140GBA(6)(a)(i)
3
Omit "approved work sponsor", substitute "person".
4
29 Subparagraph 140GBA(6)(b)(i)
5
Omit "approved work sponsor's", substitute "person's".
6
30 Subsection 140GBA(6A)
7
Omit "approved work sponsor" (first and second occurring), substitute
8
"person".
9
31 Subsection 140GBA(7) (definition of eligible temporary
10
visa holder)
11
Omit "an approved work sponsor", substitute "another person".
12
32 Subsection 140GBA(7) (paragraph (b) of the definition of
13
eligible temporary visa holder)
14
Omit "approved work sponsor" (first and second occurring), substitute
15
"other person".
16
33 Subsection 140GBB(1)
17
Omit "An approved work sponsor", substitute "A person".
18
34 Subsection 140GBB(4)
19
Omit "an approved work sponsor", substitute "a person".
20
35 Subsection 140GBC(1)
21
Omit "an approved work sponsor, under section 140GB, if the sponsor",
22
substitute "a person, under section 140GB, if the person".
23
36 Subsections 140GBC(2) and (3)
24
Omit "approved work sponsor", substitute "person".
25
Contingent amendments Schedule 2
Application and transitional provisions Part 3
No. , 2017
Migration Amendment (Skilling Australians Fund) Bill 2017
15
Part 3--Application and transitional provisions
1
37 Application provision
2
Subdivision B of Division 3A of Part 2 of the Migration Act 1958, as
3
amended by this Schedule, applies in relation to:
4
(a) nominations made on or after the commencement of this
5
item; and
6
(b) nominations made before the commencement of this item but
7
not decided at the commencement of this item.
8
38 Transitional provision
9
(1)
Regulations made under subsection 140GB(3) of the Migration Act
10
1958 that were in force immediately before the commencement of this
11
item continue in force (and may be dealt with) as if the regulations had
12
been made under that subsection as amended by this Act.
13
(2)
Regulations made under paragraph 140GBA(1)(a) of the Migration Act
14
1958 that were in force immediately before the commencement of this
15
item continue in force (and may be dealt with) as if the regulations had
16
been made under that paragraph as amended by this Act.
17