Migration Agents Registration (Application)

Levy Act 1992

No. 86 of 1992

An Act to impose a levy on applications by individuals for registration as migration agents

[Assented to 30 June 1992]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Migration Agents Registration (Application) Levy Act 1992.

Commencement

2. This Act commences on the day on which the Migration Amendment Act (No. 3) 1992 commences.

Interpretation

3. In this Act, unless the contrary intention appears:

entrance applicant, immigration assistance, immigration case, paid immigration assistance and registration application have the same meanings as in Part 2A of the Migration Act 1958.

Imposition of levy

4. Levy is imposed on an individuals making of a registration application.

Exemption

5. Levy is not imposed on the making of a registration application by an individual who proposes to give immigration assistance to entrance applicants only in his or her capacity as an employee of, or a voluntary worker for, a person or organisation that does not charge entrance applicants a fee, nor require any other reward from them, for the giving of such assistance.

Amount of levy

6.(1) Subject to subsection (2), the amount of levy is:

(a) if the individual who makes the registration application proposes, at the time of making the application, to give immigration assistance in the capacity of an employee of:

(i) a registered agent; or

(ii) a partnership at least one of whose members is a registered agent; or

(iii) a corporation at least one of whose executive officers is a registered agent

$500; or

(b) in any other case—$1,000.

(2) The amount of levy on the making of a registration application by an individual who:

(a)     proposes, at the time of making the application, to give paid immigration assistance in no more than 5 immigration cases during the period of registration; and

(b)     gives paid immigration assistance in no more than 5 immigration cases during that period;

is:

(c) if he or she proposes, at the time of making the application, to give immigration assistance in the capacity of an employee of:

(i) a registered agent; or

(ii) a partnership at least one of whose members is a registered agent; or

(iii) a corporation at least one of whose executive officers is a registered agent

$50; or

(d) in any other case—$100.

By whom the levy is payable

7. Levy is payable by the individual making the registration application.

[Ministers second reading speech made in

House of Representatives on 27 May 1992

Senate on 3 June 1992]