{"id":"C2018A00039","name":"Migration (Skilling Australians Fund) Charges Act 2018","slug":"migration-skilling-australians-fund-charges-act-2018","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"39 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8619,"registerId":"commonwealth-C2018A00039-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Skilling Australians Fund) Charges Act 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nMigration (Skilling Australians Fund) Charges Act 2018\n\n \n\nNo. 39, 2018\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose nomination training contribution charge, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Act binds the Crown\n\n4 External Territories\n\n5 Extra‑territorial operation\n\n6 Definitions\n\nPart 2—Nomination training contribution charge\n\n7 Imposition of nomination training contribution charge\n\n8 Amount of nomination training contribution charge\n\n9 Nomination training contribution charge limit\n\nPart 3—Miscellaneous\n\n10 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nMigration (Skilling Australians Fund) Charges Act 2018\n\nNo. 39, 2018\n\n \n\n \n\n \n\nAn Act to impose nomination training contribution charge, and for related purposes\n\n[Assented to 22 May 2018]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Migration (Skilling Australians Fund) Charges Act 2018.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 22 May 2018\n- 2. Sections 3 to 10 At the same time as Schedule 1 to the Migration Amendment (Skilling Australians Fund) Act 2018 commences. 12 August 2018\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Act binds the Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n4  External Territories\n\n  This Act extends to an external Territory that is a prescribed Territory (within the meaning of subsection 7(1) of the Migration Act).\n\n5  Extra‑territorial operation\n\n  Nomination training contribution charge is payable in relation to a nomination:\n\n (a) whether the nomination is made in Australia or outside Australia; and\n\n (b) whether the person who is liable to pay the charge is in Australia or outside Australia.\n\n6  Definitions\n\n  In this Act:\n\namount includes a nil amount.\n\nMigration Act means the Migration Act 1958.\n\nnomination means a nomination of a kind mentioned in subsection 140ZM(1) or (2) of the Migration Act.\n\nnomination training contribution charge has the same meaning as in the Migration Act.\n\npermanent visa has the same meaning as in the Migration Act.\n\ntemporary visa has the same meaning as in the Migration Act.\n\nPart 2—Nomination training contribution charge\n\n \n\n7  Imposition of nomination training contribution charge\n\n  Nomination training contribution charge payable under section 140ZM of the Migration Act is imposed.\n\n8  Amount of nomination training contribution charge\n\n (1) The amount of nomination training contribution charge payable by a person in relation to a nomination is the amount:\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with a method prescribed by the regulations.\n\n (2) Without limiting subsection (1), the regulations may prescribe different charges or methods for:\n\n (a) different kinds of visas; or\n\n (b) different kinds of persons.\n\n  (3) The amount prescribed, or the amount worked out in accordance with a method prescribed, must not exceed the nomination training contribution charge limit for the financial year in which the nomination is made.\n\n9  Nomination training contribution charge limit\n\n (1) The nomination training contribution charge limit for a nomination made in the financial year beginning on 1 July 2017 is the following:\n\n (a) for a nomination relating to a temporary visa—$8,000;\n\n (b) for a nomination relating to a permanent visa—$5,500.\n\n (2) The nomination training contribution charge limit for a nomination made in a later financial year is the amount worked out by multiplying the nomination training contribution charge limit for the previous financial year by the greater of 1 or the indexation factor worked out using the following formula:\n\n![](image.002.png)\n\n  where:\n\nCPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n\nindex number for a CPI quarter means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to the CPI quarter.\n\n (3) The indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).\n\n (4) In working out the indexation factor:\n\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\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).\n\n (5) If the amount worked out under subsection (2) is not a multiple of $5, the amount is to be rounded as follows:\n\n (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more—round the amount up to the nearest higher multiple of $5;\n\n (b) otherwise—round the amount down to the nearest lower multiple of $5.\n\nPart 3—Miscellaneous\n\n \n\n10  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the regulations; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 18 October 2017\n\nSenate on 13 February 2018]\n\n \n\n(240/17)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing a training contribution charge on visa nominations. The scope has not expanded beyond this single revenue-raising mechanism for the Skilling Australians Fund."},"complexity_factors":["Short statute: only 10 sections across 3 Parts","Minimal defined terms: only 6 definitions in section 6, most referencing the Migration Act 1958","Simple structure: imposition, amount calculation, and indexation formula","One mathematical formula for CPI indexation (section 9(2)) with rounding rules","Heavy reliance on delegated legislation: actual charge amounts left to regulations (section 8)","Cross-references to Migration Act 1958 for key concepts (nomination, visa types, charge meaning)"],"plain_english_summary":"This law creates a **training fee** that employers must pay when they nominate a foreign worker for certain Australian visas.\n\n**What it does:**\n- **Imposes a charge** called the \"nomination training contribution charge\" on employers who nominate someone for a temporary or permanent work visa\n- The money goes into the **Skilling Australians Fund**, which pays for apprenticeships and training for Australian workers\n- The charge applies whether the nomination happens in Australia or overseas\n\n**Who pays:**\n- Employers (or other sponsors) who nominate foreign workers for visas under specific visa programs\n\n**How much:**\n- The exact amount is set by **regulations** (rules made by the government), not fixed in this law\n- There are **caps** on how high the charge can be:\n  - **$8,000 maximum** for temporary visa nominations\n  - **$5,500 maximum** for permanent visa nominations\n- These caps go up each year with **inflation** (using the Consumer Price Index)\n\n**Why it matters:**\nThis is essentially a **levy on hiring foreign workers** to fund training for Australians. It makes employers contribute to the local workforce when they bring in overseas talent, rather than just relying on imported skills."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On the face of the Act as provided, the scope has not changed from the instrument as originally enacted. The Act expressly imposes the nomination training contribution in relation to nominations under the Migration Act and sets territorial and Crown‑binding limits (ss7, 5, 3). Amounts and methods are delegated to regulations (s8, s10), but delegation affects rates and administration, not the Act's statutory subject‑matter."},"complexity_factors":["Cross‑reference to the Migration Act (charge is imposed under Migration Act s140ZM) (s7) — requires reading two statutes together.","Amount determined by delegated regulations or prescribed calculation methods, and regulations may set different charges by visa kind or person (s8(1)–(2)) — creates administrative discretion and variability.","Statutory caps for 2017–18 and CPI‑based indexation with a specific formula and rounding to $5 increments (s9(1)–(5)) — requires numerical calculation and periodic re‑calculation.","Extra‑territorial application and territorial coverage (extends to prescribed external Territories; applies whether nomination or payer is in or outside Australia) (s5, s4) — broad geographic scope.","Binding rules for Crown: binds States and Territories but not Commonwealth (s3) — an exception that affects who is liable.","Commencement staging (different operative dates and a note that the table relates to provisions as originally enacted) (s2) — timing nuance for operation."],"plain_english_summary":"This Act imposes a per‑nomination training contribution payable under section 140ZM of the Migration Act: nominators (commonly employers) must pay a charge when they nominate a person for a temporary or permanent visa. The amount is set by regulation or a prescribed method but cannot exceed statutory yearly caps ($8,000 for temporary and $5,500 for permanent nominations for 2017–18), with CPI indexation and rounding rules. Mechanically, it raises the direct cost of sponsoring overseas workers and delegates rate‑setting to regulations."}},"importantCases":[],"_links":{"self":"/api/acts/migration-skilling-australians-fund-charges-act-2018","history":"/api/acts/migration-skilling-australians-fund-charges-act-2018/history","analysis":"/api/acts/migration-skilling-australians-fund-charges-act-2018/analysis","conflicts":"/api/acts/migration-skilling-australians-fund-charges-act-2018/conflicts","importantCases":"/api/acts/migration-skilling-australians-fund-charges-act-2018/important-cases","documents":"/api/acts/migration-skilling-australians-fund-charges-act-2018/documents"}}