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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration (Visa Pre-application Process)
Charge Bill 2023
No. , 2023
(Home Affairs)
A Bill for an 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
No. , 2023
Migration (Visa Pre-application Process) Charge Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act to extend to external Territories .................................................. 2
4
Extra-territorial application ............................................................... 2
5
Definitions ......................................................................................... 3
Part 2--Imposition and amount of charge
4
6
Imposition of charge .......................................................................... 4
7
By whom charge payable .................................................................. 4
8
Amount of charge .............................................................................. 4
9
Charge cap amount ............................................................................ 4
10
Indexation of charge cap amount ....................................................... 5
Part 3--Regulations
7
11
Regulations ........................................................................................ 7
No. , 2023
Migration (Visa Pre-application Process) Charge Bill 2023
1
A Bill for an Act to impose a charge on the
1
registration of a person as a registered participant
2
in a visa pre-application process, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act is the
Migration (Visa Pre-application Process) Charge
9
Act 2023
.
10
Part 1
Preliminary
Section 2
2
Migration (Visa Pre-application Process) Charge Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
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.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Act to extend to external Territories
13
Section 7 of the
Migration Act 1958
applies to this Act in a
14
corresponding way to the way in which it applies to that Act.
15
4 Extra-territorial application
16
This Act extends to acts, omissions, matters and things outside
17
Australia.
18
Preliminary
Part 1
Section 5
No. , 2023
Migration (Visa Pre-application Process) Charge Bill 2023
3
5 Definitions
1
In this Act:
2
charge
means charge imposed by this Act.
3
Part 2
Imposition and amount of charge
Section 6
4
Migration (Visa Pre-application Process) Charge Bill 2023
No. , 2023
Part 2--Imposition and amount of charge
1
2
6 Imposition of charge
3
Charge is imposed on the registration of a person as a registered
4
participant in a visa pre-application process under
5
subsection 46C(1) of the
Migration Act 1958
.
6
7 By whom charge payable
7
Charge imposed on the registration of a person as a registered
8
participant in a visa pre-application process
is payable by the
9
person.
10
8 Amount of charge
11
(1) The amount of charge imposed on the registration of a person as a
12
registered participant in a visa pre-application process is the
13
amount prescribed by the regulations.
14
(2) The regulations may prescribe different amounts in relation to:
15
(a) different visa pre-application processes; or
16
(b) different classes of visa pre-application processes.
17
(3) The regulations may prescribe different amounts in relation to
18
different classes of persons.
19
(4) Subsections (2) and (3) of this section do not limit
20
subsection 33(3A) of the
Acts Interpretation Act 1901
.
21
(5) The amount prescribed by the regulations in relation to a visa
22
pre-application process may be nil.
23
9 Charge cap amount
24
The amount of charge imposed on the registration of a person as a
25
registered participant in a visa pre-application process must not
26
exceed $100 (subject to indexation under section 10).
27
Imposition and amount of charge
Part 2
Section 10
No. , 2023
Migration (Visa Pre-application Process) Charge Bill 2023
5
10 Indexation of charge cap amount
1
(1) The dollar amount specified in section 9 is a
charge cap amount
.
2
(2) On each 1 July after the financial year in which this Act
3
commences (an
indexation day
), the charge cap amount is replaced
4
by an amount worked out using the following formula:
5
Indexation factor
Charge cap amount immediately
for the indexation day
before the indexation day
6
(3) The
indexation factor
for an indexation day is the number worked
7
out using the following formula:
8
Sum of the index numbers for the CPI quarters for the
12 months ending on 31 December before the indexation day
Sum of the index numbers for the CPI quarters for the
12 months ending on the previous 31 December
9
where:
10
CPI quarter
means a period of 3 months ending on 31 March,
11
30 June, 30 September or 31 December.
12
index number
means the All Groups Consumer Price Index
13
number (being the weighted average of the 8 capital cities)
14
published by the Australian Statistician.
15
(4) An indexation factor is to be calculated to 3 decimal places
16
(rounding up if the fourth decimal place is 5 or more).
17
(5) An indexation factor that is less than 1 is to be increased to 1.
18
(6) Amounts worked out under subsection (2) are to be rounded to the
19
nearest whole dollar (rounding 50 cents upwards).
20
(7) Calculations under subsection (3):
21
(a) are to be made using only the index numbers published in
22
terms of the most recently published index reference period;
23
and
24
(b) are to be made disregarding index numbers that are published
25
in substitution for previously published index numbers
26
Part 2
Imposition and amount of charge
Section 10
6
Migration (Visa Pre-application Process) Charge Bill 2023
No. , 2023
(except where the substituted numbers are published to take
1
account of changes in the index reference period).
2
Regulations
Part 3
Section 11
No. , 2023
Migration (Visa Pre-application Process) Charge Bill 2023
7
Part 3--Regulations
1
2
11 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7