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2002 – 2003
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION AGENTS REGISTRATION
APPLICATION
CHARGE AMENDMENT BILL 2003
EXPLANATORY
MEMORANDUM
(Circulated by authority
of the
Minister for Citizenship and Multicultural Affairs,
The Hon. Gary
Hardgrave MP)
MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT BILL
2003
OUTLINE
1. This Bill implements part of
recommendation 19 of the 2001-02 Review of Statutory Self- Regulation of the
Migration Advice Industry (the Review) to introduce a new charge for migration
agents who avoid paying the higher application fee for registration as a
commercial agent, by registering as a non-commercial agent.
2. 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).
3. Currently,
the regulations provide for two different registration fees, depending on
whether an applicant is applying for registration to provide immigration
assistance on a commercial or non-commercial basis. The charge to register on a
commercial basis is higher than the charge to register on a non-commercial
basis.
4. Some migration agents register to provide immigration
assistance on a non-commercial basis, but give immigration assistance on a
commercial basis during the course of their 12 month registration period. In
these circumstances they have avoided paying the higher commercial application
fee.
5. To rectify this, the Bill requires such agents to pay a pro
rata amount of the application fee for registration as a commercial migration
agent.
FINANCIAL IMPACT STATEMENT
6. The amendments
contained in the Bill will have a minimal financial impact.
MIGRATION AGENTS REGISTRATION APPLICATION CHARGE AMENDMENT BILL
2003
NOTES ON INDIVIDUAL CLAUSES
Clause
1 Short title
1. Clause 1 is a formal provision specifying the
short title of the Bill.
Clause 2 Commencement
2.
Sections 1 to 3 of the Bill will commence on the day it receives royal
assent.
3. Schedule 1 to the Bill will commence at the same time as
Schedule 1 to the Migration
Legislation Amendment (Migration
Agents Integrity Measures) Act 2003. That is on a day to be fixed by
proclamation, or 6 months from the date that the Act receives royal assent,
whichever occurs first.
Clause 3 Schedule(s)
4. The
Migration Agents Registration Application Charge Act 1997 is amended or
repealed as set out in Schedule 1 to the Bill.
Item 1 Title
1. This item amends the title to the
Migration Agents Registration Application Charge
Act 1997 (the
Act) consequential to new Part 3, inserted by item 5 of this Schedule. New Part
3 broadens the scope of the Act to impose a charge if a migration agent, who
paid the non-commercial application fee for the agent’s current
registration period, gives immigration assistance on a commercial basis at any
time during the current period or registration.
2. These items divide the existing provisions of the Act into two Parts
consequential to new Part 3, inserted by item 5 of this Schedule.
3.
New Part 1 is a preliminary part and contains existing section 1. New Part 2
relates to the imposition of a charge for making a registration application and
contains existing sections 2, 3, 4, 5, 6, 7 and 8.
4. This item makes a minor technical amendment consequential to the
division of the Act into Parts 1, 2 and 3.
5. This item inserts new Part 3 into the Act to contain new provisions
relating to the imposition of a charge on a migration agent who changes
registration status from non-commercial to commercial during the agent’s
current registration period.
6. New subsection 9(1) inserts definitions of “Charge
Regulations”, “immigration assistance”, “non-commercial
application fee” and “registered migration agent” for the
purposes of new Part 3 of the Act.
7. New subsection 9(2) describes the
circumstances in which a migration agent will be considered to give immigration
assistance on a commercial basis.
8. New subsection 9(3) enables the
regulations to provide when a registered migration agent begins to give
immigration assistance on a commercial basis. For example, the regulations may
provide that an agent begins to work on a commercial basis when the agent
provides a client with an estimate of fees, or when an agent gives a client a
bill of costs for services provided, whichever occurs first.
9. New section 10 imposes a charge on a registered migration agent, who
paid the non-commercial application fee for the agent’s current
registration period, but gives immigration assistance on a commercial basis at
any time during that period (“registration status
charge”).
10. New section 10 will ensure that there is no
financial benefit for a migration agent to
pay the lesser application fee
for registration on a non-commercial basis.
11. New section 11 provides that registration status charge is payable
by the registered migration agent.
12. New section 12 sets out a formula for determining the amount of
registration status charge a migration agent must pay under new section 10. It
also inserts definitions of “commercial application fee”,
“paid fee” and “remaining period” for the purposes of
the formula.
13. The effect of section 12 is that a migration agent
will be required to pay the difference between the pro rata amount of the
commercial application fee for the remaining period of his or her registration
period and the pro rata amount of the non-commercial application fee already
paid for that same period.
14. For example, if an agent who paid the
non-commercial application fee has 300 days remaining of his or her current
registration period (from the day the agent first gives immigration assistance
on a commercial basis), and the commercial application fee is $1760 and the
non-commercial application fee is $160, then the agent will be required to pay a
registration status charge according to the following formula:
15. The fees for making a registration application are set out in
regulations 4 and 5 of the
Charge Regulations.
16. New section 13 enables the Governor-General to make regulations for
the purpose of
new Part 3.
17. The effect of this item is that the registration status charge will
only apply to a
migration agent who is registered after the commencement of
this Schedule. This means that if a migration agent who was registered on a
non-commercial basis before the Bill commenced, gives immigration assistance on
a commercial basis after commencement of the Bill, the agent will not be
required to pay registration status charge.