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MIGRATION (HEALTH SERVICES) CHARGE ACT 1991 - NOTES

Act No. 197 of 1991 as amended

This compilation was prepared on 16 June 1999
taking into account amendments up to Act No. 27 of 1997

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

4............ Act to extend to certain Territories .................................................... 1

5............ Imposition of charge ........................................................................... 2

6............ Amount of charge ............................................................................... 3

7............ Exemptions from charge ..................................................................... 4

Notes                                                                                                                                               5


Notes to the Migration (Health Services) Charge Act 1991

Note 1

The Migration (Health Services) Charge Act 1991 as shown in this compilation comprises Act No. 197, 1991 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Migration (Health Services) Charge Act 1991

197, 1991

18 Dec 1991

18 Dec 1991

 

Migration Legislation Amendment Act 1994

60, 1994

9 Apr 1994

S. 85: (a)

Migration Legislation Amendment Act (No. 1) 1997

27, 1997

10 Apr 1997

Schedule 1 (item 28): (see Gazette 1997, No. S168) (b)

Sch. 1 (items 29, 30) [see Table A]


(a)     The Migration (Health Services) Charge Act 1991 was amended by section 85 only of the Migration Legislation Amendment Act 1994, subsection 2(3) of which provides as follows:

                 (3)   The remaining provisions of this Act commence immediately after the commencement of section 3 of the Migration Reform Act 1992.

         Section 3 commenced on 1 September 1994.

(b)    The Migration (Health Services) Charge Act 1991 was amended by Schedule 1 (item 28) only of the Migration Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

                 (1)   Schedule 1 commences on a day to be fixed by Proclamation.


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 3......................................

am. No. 60, 1994

S. 5......................................

am. No. 60, 1994; No. 27, 1997

S. 7......................................

am. No. 60, 1994


Table A

Application, saving or transitional provisions

Migration Legislation Amendment Act (No. 1) 1997 (No.27, 1997)

29  Application

(1)        The amendment made by item 13 of this Schedule applies in relation to applications whether made before, at or after the commencement of this item.

(2)        The remaining amendments of the Immigration (Education) Act 1971 and the Migration Act 1958 made by this Schedule apply in relation to applications for visas made at or after the commencement of the Migration (Visa Application) Charge Act 1997.

Note:       Under item 30, some applications that are made before the commencement of the Migration (Visa Application) Charge Act 1997 are taken to be made immediately after that time.

30  Transitional

If:

                     (a)  an application for a visa is made before the commencement of the Migration (Visa Application) Charge Act 1997; and

                     (b)  a visa application fee, or part of a visa application fee, payable under the Migration Act 1958  in respect of the application has not been paid at that time;

then, for the purposes of the Immigration (Education) Act 1971, the Migration (Health Services) Charge Act 1991 and sections 45A, 45B and 45C of the Migration Act 1958, the application is taken to have been made immediately after the commencement of the Migration (Visa Application) Charge Act 1997.