Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
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 (Skilling Australians Fund)
Charges Bill 2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to impose nomination training
contribution charge, and for related purposes
No. , 2017
Migration (Skilling Australians Fund) Charges Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act binds the Crown .......................................................................... 2
4
External Territories ............................................................................ 2
5
Extra-territorial operation .................................................................. 3
6
Definitions ......................................................................................... 3
Part 2--Nomination training contribution charge
4
7
Imposition of nomination training contribution charge ..................... 4
8
Amount of nomination training contribution charge ......................... 4
9
Nomination training contribution charge limit .................................. 4
Part 3--Miscellaneous
6
10
Regulations ........................................................................................ 6
No. , 2017
Migration (Skilling Australians Fund) Charges Bill 2017
1
A Bill for an Act to impose nomination training
1
contribution charge, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the Migration (Skilling Australians Fund) Charges Act
7
2017.
8
Part 1 Preliminary
Section 2
2
Migration (Skilling Australians Fund) Charges Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
10
At the same time as Schedule 1 to the
Migration Amendment (Skilling Australians
Fund) Act 2017 commences.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Act binds the Crown
13
This Act binds the Crown in right of each of the States, of the
14
Australian Capital Territory and of the Northern Territory.
15
However, it does not bind the Crown in right of the
16
Commonwealth.
17
4 External Territories
18
This Act extends to an external Territory that is a prescribed
19
Territory (within the meaning of subsection 7(1) of the Migration
20
Act).
21
Preliminary Part 1
Section 5
No. , 2017
Migration (Skilling Australians Fund) Charges Bill 2017
3
5 Extra-territorial operation
1
Nomination training contribution charge is payable in relation to a
2
nomination:
3
(a) whether the nomination is made in Australia or outside
4
Australia; and
5
(b) whether the person who is liable to pay the charge is in
6
Australia or outside Australia.
7
6 Definitions
8
In this Act:
9
amount includes a nil amount.
10
Migration Act means the Migration Act 1958.
11
nomination means a nomination of a kind mentioned in
12
subsection 140ZM(1) or (2) of the Migration Act.
13
nomination training contribution charge has the same meaning as
14
in the Migration Act.
15
permanent visa has the same meaning as in the Migration Act.
16
temporary visa has the same meaning as in the Migration Act.
17
Part 2 Nomination training contribution charge
Section 7
4
Migration (Skilling Australians Fund) Charges Bill 2017
No. , 2017
Part 2--Nomination training contribution charge
1
2
7 Imposition of nomination training contribution charge
3
Nomination training contribution charge payable under
4
section 140ZM of the Migration Act is imposed.
5
8 Amount of nomination training contribution charge
6
(1) The amount of nomination training contribution charge payable by
7
a person in relation to a nomination is the amount:
8
(a) prescribed by the regulations; or
9
(b) worked out in accordance with a method prescribed by the
10
regulations.
11
(2) Without limiting subsection (1), the regulations may prescribe
12
different charges or methods for:
13
(a) different kinds of visas; or
14
(b) different kinds of persons.
15
(3) The amount prescribed, or the amount worked out in accordance
16
with a method prescribed, must not exceed the nomination training
17
contribution charge limit for the financial year in which the
18
nomination is made.
19
9 Nomination training contribution charge limit
20
(1) The nomination training contribution charge limit for a nomination
21
made in the financial year beginning on 1 July 2017 is the
22
following:
23
(a) for a nomination relating to a temporary visa--$8,000;
24
(b) for a nomination relating to a permanent visa--$5,500.
25
(2) The nomination training contribution charge limit for a nomination
26
made in a later financial year is the amount worked out by
27
multiplying the nomination training contribution charge limit for
28
the previous financial year by the greater of 1 or the indexation
29
factor worked out using the following formula:
30
Nomination training contribution charge Part 2
Section 9
No. , 2017
Migration (Skilling Australians Fund) Charges Bill 2017
5
Sum of the index numbers for the CPI quarters in the
12 months ending on 31 December before the later financial year
Sum of the index numbers for the CPI quarters in the
12 months ending on the previous 31 December
1
where:
2
CPI quarter means a period of 3 months ending on 31 March,
3
30 June, 30 September or 31 December.
4
index number for a CPI quarter means the All Groups Consumer
5
Price Index number that is the weighted average of the 8 capital
6
cities and is published by the Australian Statistician in relation to
7
the CPI quarter.
8
(3) The indexation factor is to be calculated to 3 decimal places
9
(rounding up if the fourth decimal place is 5 or more).
10
(4) In working out the indexation factor:
11
(a) use only the index numbers published in terms of the most
12
recently published index reference period for the Consumer
13
Price Index; and
14
(b) disregard index numbers published in substitution for
15
previously published index numbers (except where the
16
substituted numbers are published to take account of changes
17
in the index reference period).
18
(5) If the amount worked out under subsection (2) is not a multiple of
19
$5, the amount is to be rounded as follows:
20
(a) if the amount exceeds the nearest lower multiple of $5 by
21
$2.50 or more--round the amount up to the nearest higher
22
multiple of $5;
23
(b) otherwise--round the amount down to the nearest lower
24
multiple of $5.
25
Part 3 Miscellaneous
Section 10
6
Migration (Skilling Australians Fund) Charges Bill 2017
No. , 2017
Part 3--Miscellaneous
1
2
10 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed by the
5
regulations; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8