{"id":"C2023A00085","name":"Migration (Visa Pre-application Process) Charge Act 2023","slug":"migration-visa-pre-application-process-charge-act-2023","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"85 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436383,"registerId":"C2023A00085-fast-fetch-1775953596869","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Visa Pre-application Process) Charge Act 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\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 (Visa Pre‑application Process) Charge Act 2023\n\n \n\nNo. 85, 2023\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose a charge on the registration of a person as a registered participant in a visa pre‑application process, 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 to extend to external Territories\n\n4 Extra‑territorial application\n\n5 Definitions\n\nPart 2—Imposition and amount of charge\n\n6 Imposition of charge\n\n7 By whom charge payable\n\n8 Amount of charge\n\n9 Charge cap amount\n\n10 Indexation of charge cap amount\n\nPart 3—Regulations\n\n11 Regulations\n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nMigration (Visa Pre-application Process) Charge Act 2023\n\nNo. 85, 2023\n\n \n\n \n\n \n\nAn Act to impose a charge on the registration of a person as a registered participant in a visa pre‑application process, and for related purposes\n\n[Assented to 26 October 2023]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Migration (Visa Pre‑application Process) Charge Act 2023.\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. The whole of this Act The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of the Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 29 March 2024(paragraph (b) applies)\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 to extend to external Territories\n\n  Section 7 of the Migration Act 1958 applies to this Act in a corresponding way to the way in which it applies to that Act.\n\n4  Extra‑territorial application\n\n  This Act extends to acts, omissions, matters and things outside Australia.\n\n5  Definitions\n\n  In this Act:\n\ncharge means charge imposed by this Act.\n\nPart 2—Imposition and amount of charge\n\n \n\n6  Imposition of charge\n\n  Charge is imposed on the registration of a person as a registered participant in a visa pre‑application process under subsection 46C(1) of the Migration Act 1958.\n\n7  By whom charge payable\n\n  Charge imposed on the registration of a person as a registered participant in a visa pre‑application process is payable by the person.\n\n8  Amount of charge\n\n (1) The amount of charge imposed on the registration of a person as a registered participant in a visa pre‑application process is the amount prescribed by the regulations.\n\n (2) The regulations may prescribe different amounts in relation to:\n\n (a) different visa pre‑application processes; or\n\n (b) different classes of visa pre‑application processes.\n\n (3) The regulations may prescribe different amounts in relation to different classes of persons.\n\n (4) Subsections (2) and (3) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.\n\n (5) The amount prescribed by the regulations in relation to a visa pre‑application process may be nil.\n\n9  Charge cap amount\n\n  The amount of charge imposed on the registration of a person as a registered participant in a visa pre‑application process must not exceed $100 (subject to indexation under section 10).\n\n10  Indexation of charge cap amount\n\n (1)  The dollar amount specified in section 9 is a charge cap amount.\n\n (2) On each 1 July after the financial year in which this Act commences (an indexation day), the charge cap amount is replaced by an amount worked out using the following formula:\n\n![Start formula Indexation factor for the indexation day times Charge cap amount immediately before the indexation day end formula](image.003.png)\n\n (3) The indexation factor for an indexation day is the number worked out using the following formula:\n\n![Start formula start fraction Sum of the index numbers for the CPI quarters for the 12 months ending on 31 December before the indexation day over Sum of the index numbers for the CPI quarters for the 12 months ending on the previous 31 December end fraction end formula](image.004.png)\n\nwhere:\n\nCPI quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n\nindex 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) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).\n\n (5) An indexation factor that is less than 1 is to be increased to 1.\n\n (6) Amounts worked out under subsection (2) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).\n\n (7) Calculations under subsection (3):\n\n (a) are to be made using only the index numbers published in terms of the most recently published index reference period; and\n\n (b) are to be made disregarding index numbers that are 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\nPart 3—Regulations\n\n \n\n11  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; 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 16 February 2023\n\nSenate on 9 March 2023]\n\n \n\n(9/23)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused on creating a statutory power to impose a fee for registration as a participant in a visa pre‑application process. It does not expand into unrelated subject matter or add broader migration powers; it delegates amount‑setting and administrative detail to regulations but preserves a statutory cap and indexation mechanism. In short, the scope remains confined to imposing and capping a registration charge and related procedural delegation (ss6–11)."},"complexity_factors":["Short Act: 11 substantive sections across 3 Parts (concise structure)","Very small interpretation section: single defined term (\"charge\") in s5","Delegation-heavy: substantive amounts and class distinctions are set in regulations rather than in primary text (s8, s11)","Cross-references to other legislation: linkage to subsection 46C(1) of the Migration Act 1958 (s6) and subsection 33(3A) of the Acts Interpretation Act 1901 (s8(4))","Indexation formula with technical detail and rounding rules (s10) increases marginal complexity","Conditional commencement tied to another Migration Amendment Act (commencement table)","Multiple discretionary dimensions in regulations: different amounts by process, by class of persons, and ability to set nil amounts (s8)"],"plain_english_summary":"**What this law does, in plain language**\n\n- The Act creates a fee (called a “charge”) that a person must pay when they register as a \"registered participant\" in a visa pre‑application process under the Migration Act 1958 (see s6–s7).\n\n- The exact dollar amount of the charge is not written into the Act itself. Instead, the regulations can set the amount and may set different amounts for different pre‑application processes or different classes of people (see s8). The regulations may also set the amount to nil (s8(5)).\n\n- The Act places an upper limit (cap) on that charge: it cannot be more than $100 (s9). That cap is subject to annual indexation tied to the All Groups Consumer Price Index (CPI) and is adjusted each 1 July using the formula in s10. The indexation rules include rounding rules and a floor so the indexation factor cannot be less than 1 (s10(4)–(6)).\n\n- The charge is payable by the person who is being registered as a participant in the pre‑application process (s7).\n\n- The Act applies to external Territories and to acts done outside Australia (ss3–4).\n\n- The Governor‑General may make regulations needed to give effect to the Act (s11). Those regulations will determine the operational details: how much is charged, who is in which class, and any exemptions or practical procedures.\n\n- The Act’s commencement is linked to the start of another Migration Amendment Act (see commencement table), so it only takes effect if that other Act commences.\n\n\n**Who is affected**\n\n- Individuals (or entities, if covered by regulation) who register as \"registered participants\" in a visa pre‑application process under subsection 46C(1) of the Migration Act 1958. The registrant is the person required to pay the charge (s6–s7).\n\n- The Department (and service providers) that administer the registration process — they will collect and account for the fee under rules set in regulation and follow the cap and indexation mechanics.\n\n\n**Why this matters (mechanics, incentives and likely effects)**\n\n- Mechanically, the Act establishes a small user charge that is: set by regulation (s8), legally capped by the Act at $100 subject to CPI indexation (s9–s10), and payable by the registrant (s7). Collection and enforcement details are delegated to the regulations and administrative systems (s11).\n\n- If the stated aim is administrative cost recovery or demand management (an implied purpose given the design), the Act achieves that by placing an on‑entry fee on the registration step. The fee is small (statutory cap) but flexible (regulations can vary amounts by process or class) (s8–s9).\n\n- Costs fall directly on registrants (s7). The government’s discretion to set different amounts (s8) concentrates decision power in regulation‑making rather than Parliament; that creates a low compliance burden legislatively but shifts practical settlement of rates and categories to delegated rules (s11).\n\n- Trade‑offs and risks include:\n  - Behavioural effects: even a small charge can deter marginal registrations or change timing of registrations; the Act contains no statutory exemption list beyond what regulations may provide (s8, s11).\n  - Administrative work: collecting, recording and remitting the charge will require systems and staff time; the Act does not specify collection mechanics (delegated to regulations) (s11).\n  - Regulatory discretion: the power to prescribe different amounts by process or class (s8) allows targeted charging but also allows variability and possible complexity in implementation.\n  - Indexation and predictability: the CPI indexation (s10) preserves the real value of the cap but adds an annual calculation step with rounding rules and a minimum (s10(4)–(6)).\n\n\n**Key legal citations (where to look in the Act)**\n- Charge imposed on registration: s6\n- Who pays: s7\n- How amount is set and flexibility for classes/processes: s8\n- Maximum amount (cap): s9\n- Indexation rules and formulas: s10\n- Regulation‑making power: s11\n- Territorial and extra‑territorial application: ss3–4\n\n\n**Net effect in one line**\nThe Act empowers regulations to impose a small, capped, and CPI‑indexed fee on persons registering for a visa pre‑application process, with the registrant legally responsible for payment and regulation‑making determining the detailed amounts and classes (ss6–11)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing a charge on visa pre-application registration. The scope has not expanded beyond this specific administrative fee mechanism."},"complexity_factors":["Short statute with only 11 sections across 3 Parts","Only 2 defined terms in section 5 ('charge' and implicit references to other Acts)","Simple conditional logic: maximum amount capped at $100 with annual CPI indexation (section 10)","Standard regulation-making power (section 11) with delegation of substantive amounts to regulations","Cross-references to Migration Act 1958 (subsection 46C(1)) and Acts Interpretation Act 1901 (section 33(3A))","Mathematical formula for indexation (section 10) with 3 decimal place rounding rules and CPI quarter definitions"],"plain_english_summary":"**What this law does:**\n\nThis law creates a **fee (charge)** that people must pay when they register for a \"visa pre-application process.\" This is a new system where people can register their interest in applying for certain visas before they actually submit a full visa application.\n\n**Who it affects:**\n\n- **Prospective visa applicants** who want to register for a visa pre-application process under the Migration Act 1958\n- The **Government**, which collects the fee\n\n**Key details:**\n\n- The **maximum fee** is **$100** (adjusted for inflation each year)\n- The **exact amount** is set by **regulations** (rules made by the Government), and can vary depending on:\n  - Different types of visa processes\n  - Different categories of people\n- The fee can even be **$0** for some processes if the Government chooses\n- The fee is **paid by the person registering** for the process\n- The law applies **inside and outside Australia** (so overseas applicants must pay too)\n\n**Why it matters:**\n\nThis law allows the Government to charge a small administrative fee for managing visa registration systems. These systems help manage demand for popular visas (like skilled migration or family reunion visas) by creating a ballot or queue system. The $100 cap keeps the fee relatively affordable, while the indexation ensures it keeps pace with inflation over time."}},"importantCases":[],"_links":{"self":"/api/acts/migration-visa-pre-application-process-charge-act-2023","history":"/api/acts/migration-visa-pre-application-process-charge-act-2023/history","analysis":"/api/acts/migration-visa-pre-application-process-charge-act-2023/analysis","conflicts":"/api/acts/migration-visa-pre-application-process-charge-act-2023/conflicts","importantCases":"/api/acts/migration-visa-pre-application-process-charge-act-2023/important-cases","documents":"/api/acts/migration-visa-pre-application-process-charge-act-2023/documents"}}