Immigration Advisers Licensing Regulations 2008

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2008/82

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Immigration Advisers Licensing Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 25th day of March 2008

Present:
His Excellency the Governor-General in Council

Pursuant to section 94 of the Immigration Advisers Licensing Act 2007, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Immigration Advisers Licensing Regulations 2008.

2 Commencement

  • These regulations come into force on 4 May 2008.

3 Interpretation

Fees

4 Application fee

  • (1) The fee to accompany an application for a licence is $890.

    (2) This regulation applies subject to regulations 5 and 6.

5 Application fee for upgrade of licence

  • (1) The fee to accompany an application for a licence is $535 if the applicant is applying for—

    • (a) a full licence and holds a limited or provisional licence that is current; or

    • (b) a limited licence and holds a provisional licence that is current.

    (2) This regulation applies subject to regulation 6.

6 No application fee payable for not-for-profit operations

  • (1) No fee is payable under regulation 4(1) or 5(1) if the applicant is—

    • (a) acting as an immigration adviser on a not-for-profit basis; or

    • (b) an employee of, or a volunteer working for, an organisation operating on a not-for-profit basis.

    (2) However, the applicant must immediately pay the fee payable under regulation 4(1) or 5(1) if, after the issue of the licence and while it is current, the applicant's circumstances change so that neither subclause (1)(a) nor (b) applies to the applicant.

7 Replacement of lost or destroyed licence

  • The fee payable for the issue of a licence to replace a lost or destroyed licence is $30.

Levy

8 Immigration adviser's levy

  • (1) The immigration adviser's levy payable by an applicant for a licence or a renewal of a licence is $1,105.

    (2) However, if regulation 5 applies to the applicant, the levy payable under subclause (1) is reduced in proportion to the unexpired portion of the term of the licence the applicant currently holds.

    (3) No immigration adviser's levy is payable by an applicant if regulation 6(1) applies to the applicant.

    (4) However, if regulation 6(2) applies to the applicant, he or she must immediately pay part of the levy that is in proportion to the unexpired portion of the term of the licence the applicant currently holds.

GST

9 Fees and levy inclusive of GST

  • The fees and levy payable under these regulations are inclusive of goods and service tax.

Rebecca Kitteridge,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 4 May 2008,—

  • prescribe the fee to accompany an application for an immigration adviser's licence. Different fees are prescribed for initial applications and upgrade applications. No fee is payable by an applicant who is acting on a not-for-profit basis or working for an organisation operating on a not-for-profit basis:

  • prescribe the fee payable for the issue of licence to replace a lost or destroyed licence:

  • prescribe the immigration adviser's levy payable with an application for a licence or a renewal of licence.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 27 March 2008.

These regulations are administered by the Department of Labour.