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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Agents Registration
Application Charge Amendment (Rates
of Charge) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the
Migration Agents
Registration Application Charge Act 1997
, and for
related purposes
No. , 2019
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Rates of charge
3
Part 1--Amendments
3
Migration Agents Registration Application Charge Act 1997
3
Part 2--Application of amendments
6
No. , 2019
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
1
A Bill for an Act to amend the
Migration Agents
1
Registration Application Charge Act 1997
, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Migration Agents Registration Application Charge
6
Amendment (Rates of Charge) Act 2019.
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
2
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
No. , 2019
1
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.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Rates of charge
Schedule 1
Amendments
Part 1
No. , 2019
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
3
Schedule 1--Rates of charge
1
Part 1--Amendments
2
Migration Agents Registration Application Charge Act 1997
3
1 Part 2 (heading)
4
Repeal the heading.
5
2 Section 3
6
Omit "In this Part, unless the contrary intention appears:", substitute "In
7
this Act:".
8
3 Section 3
9
Insert:
10
begins
: a registered migration agent
begins
to give immigration
11
assistance otherwise than on a non-commercial basis on a day
12
worked out in accordance with regulations made for the purposes
13
of this definition.
14
general charge
means an amount of charge imposed by Part 2 that
15
is prescribed by regulation, for the purposes of section 6, as the
16
general charge.
17
immigration assistance
has the same meaning as in Part 3 of the
18
Migration Act 1958
.
19
non-commercial application charge
means an amount of charge
20
imposed by Part 2 that is prescribed by regulation, for the purposes
21
of section 6, as the non-commercial application charge.
22
non-commercial basis
: a registered migration agent gives
23
immigration assistance on a
non-commercial basis
if the assistance
24
is given solely:
25
(a) on a non-commercial or non-profit basis; and
26
(b) as a member of, or a person associated with, an organisation
27
that operates in Australia solely:
28
(i) on a non-commercial or non-profit basis; and
29
Schedule 1
Rates of charge
Part 1
Amendments
4
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
No. , 2019
(ii) as a charity, or for the benefit of the Australian
1
community.
2
Note:
Charity
has the meaning given by Part 2 of the
Charities Act
3
2013
(see section 2B of the
Acts Interpretation Act 1901
).
4
registered migration agent
has the same meaning as in Part 3 of
5
the
Migration Act 1958
.
6
4 After section 3
7
Insert:
8
Part 2--Imposition of charge on registration
9
applications
10
11
5 Part 3 (heading)
12
Repeal the heading, substitute:
13
Part 3--Imposition of charge on basis of status of
14
migration agent
15
6 Sections 9 and 10
16
Repeal the sections, substitute:
17
10 Imposition of charge
18
Charge is imposed in respect of a registered migration agent:
19
(a) who paid the non-commercial application charge in relation
20
to the agent's current period of registration; and
21
(b) who, during that period, begins to give immigration
22
assistance otherwise than on a non-commercial basis.
23
7 Subsection 12(1)
24
Repeal the subsection, substitute:
25
Rates of charge
Schedule 1
Amendments
Part 1
No. , 2019
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
5
Amount of charge
1
(1) The amount of charge payable by the registered migration agent is
2
the amount worked out using the following formula:
3
Number of
Number of
days in the
days in the
remaining period
remaining period
Notional
Paid non-commercial
general charge
application charge
365
365
















ï‚´
ï€-
ï‚´




















4
where:
5
notional general charge
means the amount of general charge that
6
would have been payable by the agent in relation to the agent's
7
current period of registration if the non-commercial application
8
charge had not been payable by the agent in relation to that period.
9
paid non-commercial application charge
means the amount of
10
non-commercial application charge paid by the agent in relation to
11
the agent's current period of registration.
12
remaining period
means the period that:
13
(a) starts on the first day in the agent's current period of the
14
registration on which the agent begins to give immigration
15
assistance otherwise than on a non-commercial basis; and
16
(b) ends on the last day of the agent's current period of
17
registration.
18
Schedule 1
Rates of charge
Part 2
Application of amendments
6
Migration Agents Registration Application Charge Amendment (Rates
of Charge) Bill 2019
No. , 2019
Part 2--Application of amendments
1
8 Application of amendments
2
The amendments of the
Migration Agents Registration Application
3
Charge Act 1997
made by Part 1 of this Schedule apply in relation to
4
the imposition of charge under Part 3 of that Act (as amended by Part 1
5
of this Schedule) in respect of a registered migration agent's current
6
period of registration resulting from a registration application made on
7
or after the commencement of this Schedule.
8