In this article, we will go over the topic of nominations in Migration Act 1958. Division 3B under Part 2 of the Act consists of Sections on nominations. There are 5 Sections under Division 3B of Part 2, these are:
Section 140ZM: Nominations Migration Act on Training Contribution Charge
This Sections consists of 2 Subsections:
- A person is liable to pay nomination training contribution charge to the Commonwealth in relation to a nomination by the person under Section 140GB if the nomination is a nomination of a kind prescribed by the regulations.
- A person applying under the regulations, or in accordance with the terms of a work agreement, for approval of a nomination of a position in relation to the holder of, or an applicant or proposed applicant for, a visa is liable to pay nomination training contribution charge to the Commonwealth in relation to the nomination if:
- (a) the visa is of a kind (however described) prescribed by the regulations; and
- (b) the nomination is a nomination of a kind prescribed by the regulations.
Section 140ZN: Regulations About Nomination Training Contribution Charge
- The regulations may make provision for, or in relation to, all or any of the following matters:
- (a) when nomination training contribution charge is due and payable;
- (b) the method of paying nomination training contribution charge (including the currency in which the charge must be paid);
- (c) the remission or refund of nomination training contribution charge;
- (d) the overpayment or underpayment of nomination training contribution charge;
- (e) the payment of a penalty in relation to the underpayment of nomination training contribution charge;
- (f) the giving of information and keeping of records relating to a person’s liability to pay nomination training contribution charge.
- For the purposes of paragraph (1)(e), the penalty payable must be a civil penalty not exceeding 60 penalty units.
Section 140ZO: Recovery of Nomination Training Contribution Charge and Late Payment Penalty
If an amount of:
- nomination training contribution charge; or
- a penalty in relation to the underpayment of such a charge;
is due and payable to the Commonwealth, the amount is a debt due to the Commonwealth and it may recover this by action in a court of competent jurisdiction.
Section 140ZP: Notional Application of Nomination Training Contribution Charge in Relation to Nominations by the Commonwealth
(1) The Commonwealth has no obligation to make payment for the nomination training contribution charge as specified in section 140ZM. However, it is the intention of the Parliament that the Commonwealth should be deemed responsible for such a charge.
(2) The Finance Minister has authority to provide written instructions that are necessary or convenient to fulfill or implement subsection (1). These instructions may pertain to the transfer of funds within an account or between accounts managed by the Commonwealth.
(3) Instructions given under subsection (2) are enforceable and must be followed, regardless of any other legislation within the Commonwealth.
(4) An instruction given under subsection (2) is not considered a legislative instrument.
(5) In subsections (1) and (2), the term “Commonwealth” encompasses a Commonwealth entity, as defined in the Public Governance, Performance and Accountability Act 2013, that cannot be held liable to pay taxes under a Commonwealth law.
Section 140ZQ: Division Binds the Crown
- This Division binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory
- However, this Division does not make the Crown liable to be prosecuted for an offence.
- To avoid doubt, subsection (2) does not prevent the Crown being liable to pay a pecuniary penalty under this Division.
Importance of Seeking Legal Advice from Migration Lawyers
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