{"id":"C2004A05292","name":"Migration Agents Registration Application Charge Act 1997","slug":"migration-agents-registration-application-charge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"203 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27233,"registerId":"commonwealth-C2004A05292-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Migration Agents Registration Application Charge Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 21 March 1998.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act:\n\n> begins: a registered migration agent begins to give immigration assistance otherwise than on a non‑commercial basis on a day worked out in accordance with regulations made for the purposes of this definition.\n\n> charge limit for a registration application made in a financial year has the meaning given by section 7.\n\n> general charge means an amount of charge imposed by Part 2 that is prescribed by regulation, for the purposes of section 6, as the general charge.\n\n> immigration assistance has the same meaning as in Part 3 of the Migration Act 1958.\n\n> non‑commercial application charge means an amount of charge imposed by Part 2 that is prescribed by regulation, for the purposes of section 6, as the non‑commercial application charge.\n\n> non‑commercial basis: a registered migration agent gives immigration assistance on a non‑commercial basis if the assistance is given solely:\n\n    (a) on a non‑commercial or non‑profit basis; and\n    (b) as a member of, or a person associated with, an organisation that operates in Australia solely:\n    (i) on a non‑commercial or non‑profit basis; and\n    (ii) as a charity, or for the benefit of the Australian community.\n\nNote: Charity has the meaning given by Part 2 of the Charities Act 2013 (see section 2B of the Acts Interpretation Act 1901).\n\n> registered migration agent has the same meaning as in Part 3 of the Migration Act 1958.\n\n> registration application has the same meaning as in Part 3 of the Migration Act 1958.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Imposition of charge on registration applications","content":"## Part 2—Imposition of charge on registration applications","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Imposition of charge","content":"#### 4 Imposition of charge\n\n  Charge is imposed on an individual’s making of a registration application on or after 21 March 1998.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Who must pay charge?","content":"#### 5 Who must pay charge?\n\n  Charge is payable by the individual making the registration application.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Amount of charge","content":"#### 6 Amount of charge\n\n  (1) The amount of charge payable on an individual’s making of a registration application is the amount prescribed by the regulations for an individual of that kind.\n  (2) The regulations may prescribe different amounts (including nil amounts) for different kinds of individuals making registration applications.\n  (3) The regulations must not prescribe an amount more than the charge limit for the registration application.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"What is the charge limit?","content":"#### 7 What is the charge limit?\n\n  (1) The charge limit for a registration application made in the financial year ending at the end of 30 June 2002 is $1,800.\n  (2) Work out the charge limit for a registration application made in a later financial year by:\n    (a) multiplying the charge limit for the immediately preceding financial year by the greater of:\n    (i) the indexation factor worked out using the formula in subsection (3); and\n    (ii) 1.0; and\n    (b) rounding the product to the nearest multiple of $5 (rounding an odd multiple of $2.50 to the next higher multiple of $5).\n  (3) The formula for the indexation factor is:\n  ![](image.002.png)\n  where:\n\n> CPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n\n> index number means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician.\n\n  (4) The indexation factor is to be calculated to 3 decimal places, but increased by .001 if the 4th decimal place is more than 4.\n  (5) When working out the indexation factor:\n    (a) use only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n    (b) disregard index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  The Governor‑General may make regulations for the purposes of section 6.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Imposition of charge on basis of status of migration agent","content":"## Part 3—Imposition of charge on basis of status of migration agent","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Imposition of charge","content":"#### 10 Imposition of charge\n\n  Charge is imposed in respect of a registered migration agent:\n    (a) who paid the non‑commercial application charge in relation to the agent’s current period of registration; and\n    (b) who, during that period, begins to give immigration assistance otherwise than on a non‑commercial basis.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Who must pay charge?","content":"#### 11 Who must pay charge?\n\n  Charge is payable by the registered migration agent.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Amount of charge","content":"#### 12 Amount of charge\n\n  Amount of charge\n  (1) The amount of charge payable by the registered migration agent is the amount worked out using the following formula:\n  ![](image.003.png)where:\n\n> notional general charge means the amount of general charge that would have been payable by the agent in relation to the agent’s current period of registration if the non‑commercial application charge had not been payable by the agent in relation to that period.\n\n> paid non‑commercial application charge means the amount of non‑commercial application charge paid by the agent in relation to the agent’s current period of registration.\n\n> remaining period means the period that:\n\n    (a) starts on the first day in the agent’s current period of the registration on which the agent begins to give immigration assistance otherwise than on a non‑commercial basis; and\n    (b) ends on the last day of the agent’s current period of registration.\n  Rounding\n  (2) If the amount worked out using the formula is not a number of whole dollars, it is to be rounded down to the nearest whole dollar.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n  The Governor‑General may make regulations for the purposes of this Part.","sortOrder":14}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its original intent: to impose and regulate a registration application charge on migration agents, with a specific mechanism to recoup discounts given to non-commercial agents who later operate commercially. No scope creep or significant departures from the original purpose are evident."},"complexity_factors":["Dual charging structure (general charge vs. non-commercial charge) with different eligibility rules","CPI-based indexation formula for calculating the annual charge cap, requiring reference to external statistical data","Pro-rata top-up calculation formula for agents who switch from non-commercial to commercial activity mid-registration period","Key definitions (e.g. 'non-commercial basis', 'begins') cross-reference the Migration Act 1958 and the Charities Act 2013, adding external legislative dependencies","Regulation-dependent amounts — the actual dollar figures are not in the Act, requiring readers to consult separate delegated legislation","Rounding rules for both the indexation factor and the top-up charge formula add mechanical complexity"],"plain_english_summary":"## Migration Agents Registration Application Charge Act 1997\n\n### What does this law do?\nThis Act sets up a **fee (called a \"charge\") that migration agents must pay** when they apply to register — or re-register — as a migration agent in Australia. Migration agents are people who are legally allowed to help others navigate the Australian immigration system (for example, helping someone apply for a visa).\n\n### Who does it affect?\n- **People applying to become registered migration agents** — they must pay a fee when lodging their registration application.\n- **Registered migration agents who initially registered on a cheaper \"non-commercial\" rate** but then start charging clients commercially — they must pay a top-up fee.\n\n### The two types of charges:\n1. **General charge** — the standard fee paid by most people applying to register as a migration agent. The exact dollar amount is set by government regulations (not fixed in the Act itself).\n\n2. **Non-commercial application charge** — a reduced (cheaper) fee available to migration agents who work *purely* for free or at cost, through a charity or community organisation. Think of volunteers helping refugees through a non-profit.\n\n### What happens if a \"non-commercial\" agent starts charging commercially?\nIf an agent paid the cheaper non-commercial fee but then starts giving paid immigration advice during their registration period, they must pay a **top-up charge**. This top-up is calculated proportionally — based on the difference between what they paid and what they *would* have paid at the full rate, adjusted for how much of their registration period remains.\n\n### How is the maximum fee set?\nThe Act sets a **cap (ceiling)** on how high the charge can be. This cap started at **$1,800** (for the 2001–02 financial year) and is **automatically adjusted each year for inflation** using the Consumer Price Index (CPI — a standard measure of how prices are changing across Australia's eight capital cities). The government cannot charge more than this inflation-adjusted cap.\n\n### Why does this matter to you?\nIf you are — or want to become — a registered migration agent, this Act determines how much you'll pay to get or renew your registration. If you start out volunteering through a charity but later move into commercial practice, expect an additional bill."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The supplied text sets out the Act’s operative design (who pays, when a charge applies, how amounts are set or capped, indexation and a Part 3 top‑up for status changes). The supplied material contains no express amendments or indications that the Act’s scope has changed from its own internal baseline; therefore no change of scope from the original text supplied is evident."},"complexity_factors":["Indexation mechanism for the charge limit uses CPI numbers and precise rounding rules (s7(2)–(5)).","Fee amounts are delegated to regulations and may vary by category, subject to the statutory cap (s6, s8).","Part 3 contains a pro‑rata/top‑up formula requiring calculation of a notional general charge, paid non‑commercial charge and the remaining period, plus rounding-down rules (s12).","Key definitional terms (for example, when a registrant \"begins\" commercial work and the definition of \"non‑commercial basis\") are detailed and partially rely on regulations (s3).","Interplay between primary legislation (setting caps and formulas) and subordinate regulation-making power (setting actual fees and operational details) increases operational complexity (s6, s8, s13)."],"plain_english_summary":"# What this Act does (mechanically)\n\n- The Act imposes a fee (called a \"charge\") when a person applies to be a registered migration agent (Part 2). The fee applies to applications made on or after 21 March 1998 (s4) and is payable by the applicant (s5).\n- The specific dollar amounts are set by regulation (s6, s8). Regulations may set different amounts for different kinds of applicants, including zero (s6(2)), but no regulation can set an amount above a statutory cap (the charge limit) (s6(3)).\n- The statutory cap is set in the Act and is indexed each year from a base of $1,800 for the financial year ending 30 June 2002 (s7). The cap is increased using a CPI-based indexation factor, with precise rules about which CPI numbers to use and how to round the result (s7(2)–(5)).\n\n# Additional charge when a registered agent changes status during a registration period\n\n- If a person is already a registered migration agent who paid a reduced \"non‑commercial application charge\" for their current registration period and then starts giving immigration assistance on a commercial basis during that same registration period, the Act imposes an additional charge on that agent (Part 3) (s10).\n- That additional charge is payable by the agent (s11) and is worked out by a formula that uses three components defined in the Act: the \"notional general charge\" (what the general charge would have been had the applicant not qualified for the non‑commercial amount), the amount of non‑commercial charge actually paid, and the \"remaining period\" of the current registration (s12). The computed amount is rounded down to the nearest whole dollar (s12(2)). Regulations may be made for the purposes of this Part as well (s13).\n\n# Who decides the amounts and how the cap moves\n\n- The Governor‑General may make regulations to prescribe the charge amounts for different kinds of applicants (s6, s8) and for matters needed under Part 3 (s13).\n- The Act itself fixes the starting cap ($1,800 in 2001–02) and prescribes how that cap increases each year using CPI data and set rounding rules (s7). The regulations cannot set fees above that cap (s6(3)).\n\n# Who pays, and what behaviour this changes (incentives)\n\n- Applicants for registration pay the application charge (s5). If an applicant qualifies for a non‑commercial application charge, they pay that lower amount (s3 definition and s6), but if they later start providing services commercially during that registration period they must pay the additional amount worked out under Part 3 (s10–12).\n- Mechanically, the Act creates a cost difference between applying as a non‑commercial registrant and applying as a commercial registrant (s3, s6). It also creates a potential later cash outflow for registrants who switch from non‑commercial to commercial status during a registration period (s10–12). These are the direct incentives created by the charge and the Part 3 top‑up mechanism.\n\n# Compliance, administrative discretion and implementation notes\n\n- The Act delegates key choices about fee levels and categories of applicants to regulations (s6, s8, s13). That delegation is the point at which executive rule‑making determines exact dollar amounts and categories subject to the statutory cap.\n- The cap is adjusted by a CPI‑based formula with detailed rules on which index numbers to use and how to round (s7). Calculating the annual cap therefore requires using published CPI index numbers and following the Act’s rounding rules (s7(2)–(5)).\n- The Part 3 calculation requires tracking the date on which a registered agent first begins to give commercial assistance during a registration period, calculating the remaining period, and applying the formula and rounding-down rule (s12). The Act leaves the precise definitions of \"begins\" in part to regulations (s3 definition), which creates a dependency on subordinate instruments for operational detail.\n\n# Trade‑offs and costs (mechanism‑focused)\n\n- The Act imposes a financial charge on people seeking registration (s4–6) and on certain registered agents who switch from non‑commercial to commercial activity during a registration period (s10–12). The practical effect is revenue collection from applicants and from converted agents; the Act itself does not describe expenditure of that revenue.\n- Because regulations may prescribe different amounts for different kinds of applicants (s6(2)), the Act permits differential treatment by regulation subject to the statutory cap (s6(3)). The mechanism therefore allows targeted fee settings but places an upper bound on those fees that is adjusted by CPI (s7).\n\n(References in parentheses are to the sections of this Act cited in this summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope as a charging statute. Part 2 covers initial registration applications, and Part 3 (added later) addresses the specific scenario of agents changing from non-commercial to commercial status during a registration period. This expansion was a logical extension of the original charging framework rather than scope creep."},"complexity_factors":["Mathematical indexation formula with CPI calculations requiring specific rounding rules (section 7)","Cross-references to the Migration Act 1958 for key definitions (immigration assistance, registered migration agent, registration application)","Nested conditional logic for calculating the 'top-up' charge when non-commercial agents switch to commercial status (Part 3)","Regulation-making powers that delegate substantive fee-setting authority (sections 6, 8, 13)","Definition of 'non-commercial basis' requires satisfaction of multiple cumulative criteria including association with a charity"],"plain_english_summary":"This law sets up a **fee system for people who want to become registered migration agents** — that is, professionals who help others with visa applications and immigration matters.\n\n**What it does:**\n- **Charges a fee** when someone applies to become a registered migration agent (Part 2)\n- **Charges an extra fee** if a migration agent who originally registered as \"non-commercial\" (volunteer/charity work) starts charging money for their services during their registration period (Part 3)\n\n**Who it affects:**\n- Individuals applying to become registered migration agents\n- Registered migration agents who switch from volunteer work to paid work\n\n**Key details:**\n- The basic fee amount is set by regulations (rules made by the government), but can't exceed a cap that starts at $1,800 and increases each year with inflation (CPI indexation)\n- There are two types of fees: a **general charge** (for commercial agents) and a **non-commercial charge** (cheaper rate for volunteers/charity workers)\n- If a volunteer agent starts charging fees later, they must pay the difference between what they paid and what they would have paid as a commercial agent, calculated for the remaining time on their registration\n\n**Why it matters:**\nThis ensures the government can recover costs for regulating migration agents, while giving a discount to genuine volunteers helping disadvantaged people with immigration matters. It also prevents people from gaming the system by registering as volunteers to get cheap registration, then switching to paid work."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (definition of 'begins')","severity":"high","reasoning":"The word 'begins' is a pivotal term that triggers the Part 3 charge liability under section 10(b). Yet the definition provides zero substantive content — it is purely a shell that says 'begins means whenever the regulations say it begins.' This is not merely Henry VIII clause delegation; it is a definition that defines nothing. The Act could have said 'begins' has its ordinary meaning, which would be more informative. Additionally, section 13 separately empowers regulations 'for the purposes of this Part' — the definition's self-referential delegation to its own purpose-specific regulations creates a redundant and confusing drafting loop.","confidence":0.88,"description":"The definition of 'begins' is entirely circular and substantively empty. It defines when a migration agent 'begins' to give immigration assistance by reference to 'a day worked out in accordance with regulations made for the purposes of this definition' — meaning the Act delegates the entire operative content of a critical trigger concept to regulations without providing any legislative guidance whatsoever."},{"type":"impossible_compliance","section":"7(1) and 7(2)","severity":"high","reasoning":"Section 4 imposes charge on registration applications 'on or after 21 March 1998.' Section 6(3) mandates that regulations 'must not prescribe an amount more than the charge limit.' Section 7 only defines the charge limit from the financial year ending 30 June 2002. Therefore, for applications made in the financial years ending 30 June 1998, 1999, 2000, 2001, and arguably 2002 itself (for the period before that year ends), there is no defined charge limit against which to assess regulatory compliance. The regulation-making power in section 6 is constrained by a ceiling that does not exist for these years, creating an impossible compliance obligation.","confidence":0.82,"description":"The charge limit formula in section 7(2) can only be applied from the financial year after 2001–02, as it requires the 'immediately preceding financial year' limit to exist. However, section 7(1) anchors the base at the year ending 30 June 2002, meaning the formula applies from 2002–03 onwards. No mechanism is provided for registration applications made between 21 March 1998 (commencement, per section 4) and 30 June 2002 — the Act imposes charge during this period but provides no charge limit for financial years 1997–98 through 2000–01."},{"type":"other","section":"7(3)","severity":"medium","reasoning":"While this is likely a formatting/reproduction artefact rather than a drafting flaw in the original enrolled Act, as presented the formula essential to calculating the charge limit is missing. Any person seeking to determine the charge limit from this text cannot do so. This is a functional absurdity in the operative provision of the Act.","confidence":0.75,"description":"The indexation formula references an image file ('image.002.png') rather than a legible mathematical expression. The formula is therefore unreadable on the face of the Act as reproduced, rendering the charge limit calculation for all financial years after 2001–02 potentially indeterminate from the legislative text alone."},{"type":"other","section":"12(1) (formula for Part 3 charge)","severity":"medium","reasoning":"The missing formula image is a functional absurdity parallel to section 7(3). The edge-case observation about a one-day remaining period producing a near-zero charge is a logical consequence of the pro-rata structure — it is not necessarily a drafting error, but it does mean a migration agent could begin commercial work on the penultimate or last day of their registration and pay virtually nothing despite receiving the discount for the entire period.","confidence":0.7,"description":"The Part 3 charge formula references 'image.003.png' rather than a legible formula, rendering the amount of charge payable under section 12 indeterminate from the legislative text as presented. More substantively, the formula structure raises an internal logic concern: if a migration agent begins commercial work on the last day of their registration period, the 'remaining period' is one day, producing a charge close to zero — potentially less than the administrative cost of collection, making the provision practically nugatory in edge cases."},{"type":"other","section":"3 (definition of 'non-commercial basis') and 10(b)","severity":"low","reasoning":"The interaction between the strict 'solely' requirement in the non-commercial basis definition and the trigger in section 10(b) (which relies on the 'begins' definition that is itself delegated entirely to regulations) creates a situation where the charge trigger is defined by reference to a definition (begins) that has no legislative content. The practical scope of who qualifies as non-commercial is also potentially very narrow given the dual 'solely' requirement.","confidence":0.65,"description":"The definition of 'non-commercial basis' requires the agent to be a member of, or associated with, an organisation operating 'solely' on a non-commercial or non-profit basis AND solely as a charity or for the benefit of the Australian community. The word 'solely' applied conjunctively creates an extremely narrow class. Any organisation with even minor commercial activity is excluded. An agent leaving such an organisation mid-registration period would trigger Part 3 charge even if the agent themselves never earned a cent — the trigger is the agent 'beginning' commercial assistance, not actually completing or being paid for it."},{"type":"self_contradicting","section":"Part 2 and Part 3 (sections 4-6 and 10-12)","severity":"medium","reasoning":"Section 6(3) mandates regulations must not prescribe a Part 2 amount exceeding the charge limit. Section 12 provides its own formula for Part 3 charge with no reference to and no cap by reference to the charge limit. The 'notional general charge' concept in section 12 uses what the general charge would have been, but does not cap the combined total. A policy intent to cap total liability at the charge limit level is not given legislative effect.","confidence":0.72,"description":"The Act imposes two separate charges on what could be construed as the same underlying registration event. Part 2 imposes charge on 'making' a registration application. Part 3 imposes a further charge when a non-commercial agent subsequently begins commercial activity. While facially a top-up mechanism, the combined charge could in theory exceed the 'charge limit' defined in section 7 for the registration application, since the section 6(3) cap explicitly applies only to Part 2 charge and no equivalent cap is placed on Part 3 charge."}],"contradictions":[{"severity":"high","section_a":"4 (charge imposed on or after 21 March 1998)","section_b":"7(1) (charge limit only defined from financial year ending 30 June 2002)","confidence":0.83,"description":"Section 4 imposes charge on registration applications made from 21 March 1998, and section 6(3) requires regulations to stay within the 'charge limit.' However, section 7 only defines the charge limit from the financial year ending 30 June 2002. For the approximately four financial years between commencement and the base year, the charge limit is undefined, creating a direct contradiction between the obligation in section 6(3) and the absence of any limit to comply with."},{"severity":"medium","section_a":"6(3) (regulations must not exceed charge limit)","section_b":"12 (Part 3 charge has no charge limit cap)","confidence":0.68,"description":"Section 6(3) expressly caps Part 2 charges at the charge limit. Section 12 imposes Part 3 charge by formula with no equivalent cap. Both charges relate to the same registration period. The Act is silent on whether the charge limit constrains the combined liability, creating an internal inconsistency in the legislative scheme's apparent intent to constrain charge amounts."},{"severity":"high","section_a":"3 (definition of 'begins' — delegated entirely to regulations)","section_b":"10(b) (charge triggered when agent 'begins' commercial assistance)","confidence":0.85,"description":"Section 10(b) creates a charge liability by reference to when an agent 'begins' to give commercial immigration assistance. The definition of 'begins' in section 3 is entirely delegated to regulations. If no regulations are made defining 'begins,' the charge trigger in section 10 has no operative content and the Part 3 charge scheme cannot function. The Act simultaneously imposes a charge (section 10) and withholds the legal definition of the trigger event from the Act itself."},{"severity":"low","section_a":"8 (regulations made by Governor-General for section 6)","section_b":"13 (regulations made by Governor-General for Part 3)","confidence":0.6,"description":"Sections 8 and 13 both grant regulation-making powers to the Governor-General for different Parts of the Act. However, section 3's definition of 'begins' also references regulations 'made for the purposes of this definition' — creating a third implicit regulation-making power not expressly granted in sections 8 or 13. It is unclear whether section 13's general Part 3 power covers the definition regulations or whether an additional express power is required, creating a potential gap in the regulation-making authority."}]}},"importantCases":[],"_links":{"self":"/api/acts/migration-agents-registration-application-charge-act-1997","history":"/api/acts/migration-agents-registration-application-charge-act-1997/history","analysis":"/api/acts/migration-agents-registration-application-charge-act-1997/analysis","conflicts":"/api/acts/migration-agents-registration-application-charge-act-1997/conflicts","importantCases":"/api/acts/migration-agents-registration-application-charge-act-1997/important-cases","documents":"/api/acts/migration-agents-registration-application-charge-act-1997/documents"}}