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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Regulation of
Migration Agents) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the
Migration Act 1958
,
and for related purposes
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Australian legal practitioners providing
immigration assistance
4
Migration Act 1958
4
Schedule 2--Registration periods
16
Part 1--Amendments
16
Migration Act 1958
16
Part 2--Application of amendments
18
Schedule 3--Redundant provisions
19
Migration Act 1958
19
Schedule 4--Requirement for applicants to provide further
information
22
Part 1--Amendments
22
Migration Act 1958
22
Part 2--Application of amendments
24
Schedule 5--Fees and charges
25
Part 1--Amendments
25
Migration Act 1958
25
Part 2--Application of amendments
26
Schedule 6--Other amendments
27
Part 1--Amendments
27
Migration Act 1958
27
Part 2--Application of amendments
29
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
1
A Bill for an Act to amend the
Migration Act 1958
,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Migration Amendment (Regulation of Migration
5
Agents)
Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 9 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 4
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
5. Schedule 5
At the same time as Schedule 1 to the
Migration Agents Registration Application
Charge Amendment (Rates of Charge) Act
2019
commences.
However, the provisions do not commence
at all if that Schedule does not commence.
6. Schedule 6
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Australian legal practitioners providing immigration assistance
4
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Schedule 1--Australian legal practitioners
1
providing immigration assistance
2
3
Migration Act 1958
4
1 Section 275
5
Insert:
6
Australian legal practitioner
means a lawyer who holds a
7
practising certificate (whether restricted or unrestricted) granted
8
under a law of a State or Territory.
9
Note:
For the meaning of
lawyer
, see subsection 5(1).
10
client
: see section 306C.
11
eligible
: see section 278A.
12
eligible period
: see section 278A.
13
immigration assistance
: see section 276.
14
inactive migration agent
: see section 306B.
15
legal practice
means the provision of legal services regulated by a
16
law of a State or Territory.
17
2 Section 275 (definition of
registered migration agent
)
18
Omit "section 286", substitute "Division 3".
19
3 Section 275
20
Insert:
21
related by employment
: see section 278.
22
restricted
: a practising certificate held by an Australian legal
23
practitioner is
restricted
if:
24
(a) it is subject to a condition requiring the practitioner to
25
undertake supervised legal practice for a specified period;
26
and
27
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
5
(b) such a condition was not imposed as a disciplinary measure
1
by an authority responsible for disciplining Australian legal
2
practitioners in a State or Territory.
3
Note:
A practising certificate subject to a supervision condition of the kind
4
mentioned in paragraph (a) is, however, taken to be
unrestricted
if the
5
condition was imposed as a disciplinary measure as mentioned in
6
paragraph (b) (see the definition of
unrestricted
in this section).
7
restricted legal practitioner
means an Australian legal practitioner
8
whose practising certificate is restricted (within the meaning of this
9
Part).
10
4 Section 275 (paragraphs (a) and (b) of the definition of
11
review authority
)
12
Omit "the the", substitute "the".
13
5 Section 275
14
Insert:
15
unrestricted
: a practising certificate held by an Australian legal
16
practitioner is
unrestricted
if it is not restricted (within the
17
meaning of this Part).
18
unrestricted legal practitioner
means an Australian legal
19
practitioner whose practising certificate is unrestricted (within the
20
meaning of this Part).
21
6 Section 277
22
Repeal the section.
23
7 Before section 279
24
Insert:
25
278A Eligibility for restricted legal practitioners
26
Eligibility--general
27
(1) A person who is a restricted legal practitioner is
eligible
, subject to
28
this section.
29
(2) The person remains
eligible
until the earliest of the following
30
times:
31
Schedule 1
Australian legal practitioners providing immigration assistance
6
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
(a) the end of the eligible period, or of a longer period as
1
extended under this section;
2
(b) when the person becomes an unrestricted legal practitioner.
3
Note 1:
A person may be
eligible
whether or not the person is a registered
4
migration agent at the time of becoming a restricted legal practitioner.
5
Note 2:
While a restricted legal practitioner is
eligible
, the practitioner may
6
become, or continue to be, a registered migration agent (see
7
sections 289B and 302A). However, to be registered as a migration
8
agent, an eligible restricted legal practitioner must also satisfy the
9
requirements of section 289A, including completing a prescribed
10
course and passing a prescribed exam.
11
(3) The
eligible period
is the period of 2 years after the person first
12
held a restricted practising certificate.
13
Note:
However, the
eligible period
for a person who was a restricted legal
14
practitioner immediately before Division 8 commences (which is also
15
when this section commences) is 2 years after that commencement:
16
see section 333C.
17
Extension of eligible period
18
(4) An eligible person may apply to the Migration Agents Registration
19
Authority for an extension of the eligible period for a period of up
20
to 2 years:
21
(a) in a form approved in writing by the Authority, containing
22
such information relevant to the application as is required by
23
the form; and
24
(b) if the application is made 3 months or more before the end of
25
the eligible period.
26
Note:
An eligible person may apply for an extension under this subsection
27
whether or not the person is a registered migration agent at the time of
28
the extension application.
29
(5) A person may make no more than one application for extension
30
under subsection (4).
31
(6) On an application under subsection (4), the Authority must, by
32
written notice given to the applicant no later than 28 days before
33
the end of the eligible period:
34
(a) extend the eligible period by a stated period of no more than
35
2 years; or
36
(b) refuse to extend the eligible period.
37
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
7
(7) The Authority may extend the eligible period by a particular period
1
only if the Authority considers it reasonable to do so in the
2
circumstances, including (but not limited to) any circumstances
3
determined under subsection (9).
4
(8) The notice of the decision must include any details determined
5
under subsection (9) in relation to the decision.
6
(9) The Minister may, by legislative instrument, make a determination
7
for the purposes of subsection (7) or (8).
8
Review by Administrative Appeals Tribunal
9
(10) Applications may be made to the Administrative Appeals Tribunal
10
for review of a decision by the Authority:
11
(a) under paragraph (6)(a), to extend the eligible period by a
12
particular stated period; or
13
(b) under paragraph (6)(b), to refuse to extend the eligible
14
period.
15
Note:
Section 27A of the
Administrative Appeals Tribunal Act 1975
requires
16
that people whose interests are affected by reviewable decisions of the
17
Authority be given notice of their rights to seek review of the
18
decisions.
19
8 Subsection 280(3)
20
Omit "a lawyer from giving immigration legal assistance", substitute
21
"an Australian legal practitioner from giving immigration assistance in
22
connection with legal practice".
23
9 Paragraphs 281(3)(a) and (b)
24
Repeal the paragraphs, substitute:
25
(a) an Australian legal practitioner from asking for or receiving a
26
fee or other reward for giving immigration assistance in
27
connection with legal practice; or
28
(b) a person from asking for or receiving a fee or other reward
29
for the giving of immigration assistance by an Australian
30
legal practitioner in connection with legal practice.
31
10 Subsections 282(1) and (2)
32
Omit "A person", substitute "Subject to subsection (2A), a person".
33
Schedule 1
Australian legal practitioners providing immigration assistance
8
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
11 After subsection 282(2)
1
Insert:
2
(2A) This section does not prohibit:
3
(a) an Australian legal practitioner from asking for or receiving a
4
fee or other reward for making immigration representations
5
in connection with legal practice; or
6
(b) a person from asking for or receiving a fee or other reward
7
for the making of immigration representations by an
8
Australian legal practitioner in connection with legal
9
practice.
10
12 Subsection 284(3)
11
Omit "a lawyer from advertising that he or she gives immigration legal
12
assistance", substitute "an Australian legal practitioner from advertising
13
that the practitioner gives immigration assistance in connection with
14
legal practice".
15
13 Subsection 285(3)
16
Omit "a lawyer gives immigration legal assistance", substitute "an
17
Australian legal practitioner gives immigration assistance in connection
18
with legal practice".
19
14 Section 286
20
Repeal the section.
21
15 After section 289A
22
Insert:
23
289B Applications by Australian legal practitioners
24
(1) An applicant who is an unrestricted legal practitioner must not be
25
registered.
26
(2) An applicant who is a restricted legal practitioner must not be
27
registered unless the applicant is eligible.
28
Note 1:
For when a person is
eligible
, see sections 278A and 333C.
29
Note 2:
A registered migration agent must notify the Migration Agents
30
Registration Authority within 28 days after becoming a restricted legal
31
practitioner or an unrestricted legal practitioner (see section 312).
32
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
9
Note 3:
The Authority must cancel the registration of an agent who is an
1
unrestricted legal practitioner, or who is a restricted legal practitioner
2
who is not eligible (see section 302A).
3
16 Section 299
4
Repeal the section, substitute:
5
299 Period of registration
6
(1) Subject to any other provision of this Part (including subsection (2)
7
of this section), the registration of a registered migration agent
8
ends 12 months after the day of registration.
9
(2) If the registration is suspended for a period, the period of the
10
registration is extended by a period equal to the period of
11
suspension.
12
17 After section 302
13
Insert:
14
302A Cancellation of registration--Australian legal practitioners
15
(1) The Migration Agents Registration Authority must cancel the
16
registration of a registered migration agent, by removing the
17
agent's name from the Register, if the Authority is satisfied:
18
(a) that the agent is an unrestricted legal practitioner; or
19
(b) that the agent is a restricted legal practitioner who is not
20
eligible.
21
Note 1:
For when a person is eligible, see sections 278A and 333C.
22
Note 2:
A registered migration agent must notify the Authority within 28 days
23
after becoming a restricted legal practitioner or an unrestricted legal
24
practitioner (see section 312).
25
Note 3:
An unrestricted legal practitioner, or a restricted legal practitioner
26
other than an eligible restricted legal practitioner, cannot be registered
27
as a migration agent (see section 289B).
28
(2) The Authority may cancel the registration of a registered migration
29
agent under subsection (1) because of the status of the agent as an
30
Australian legal practitioner only on the basis of a document
31
authorised by a body authorised to grant practising certificates to
32
Australian legal practitioners in the relevant State or Territory.
33
Schedule 1
Australian legal practitioners providing immigration assistance
10
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
(3) The Authority must give a registered migration agent written
1
notice of a decision to cancel the agent's registration under
2
subsection (1).
3
(4) The notice must set out the reason for the decision.
4
(5) The decision takes effect at the time the agent is given written
5
notice of it.
6
Note:
Section 332H sets out when the agent is taken to have been given the
7
notice.
8
18 Subsection 305B(1)
9
Omit "(1)".
10
19 Subsection 305B(3)
11
Repeal the subsection.
12
20 Subsection 306AM(1)
13
Omit "(1)".
14
21 Subsection 306AM(3)
15
Repeal the subsection.
16
22 Section 306A (note)
17
Repeal the note, substitute:
18
Note:
For when an agent becomes
inactive
, see section 306B.
19
23 After paragraph 306B(b)
20
Insert:
21
(ba) if a person ceases to be a registered migration agent because
22
the Migration Agents Registration Authority cancels the
23
person's registration under section 302A, or because the
24
person's registration ends under section 333B:
25
(i) the person becomes an
inactive migration agent
at the
26
time of the cessation of the registration; and
27
(ii) the person remains an inactive migration agent until the
28
end of the period of 2 years after the cessation, or until
29
the person again becomes a registered migration agent,
30
whichever happens first; and
31
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
11
Note 1:
The Authority must cancel the registration of an agent who is an
1
unrestricted legal practitioner, or that of an agent who is a restricted
2
legal practitioner, but is not eligible (see section 302A).
3
Note 2:
Section 333B provides that the registration of an unrestricted legal
4
practitioner as a migration agent ends when Division 8 commences
5
(which is also when this paragraph commences).
6
24 Section 306C
7
Repeal the section, substitute:
8
306C Definition of
client
9
(1) A
client
of a registered migration agent is a person to whom the
10
agent has given, or has agreed to give (whether or not in writing),
11
immigration assistance.
12
(2) In addition:
13
(a) if a registered migration agent becomes an inactive migration
14
agent, a client of the registered migration agent (while the
15
agent was registered) remains a
client
of the inactive
16
migration agent; and
17
(b) a person remains a
client
of a registered migration agent, or
18
an inactive migration agent, even if the agent is deceased.
19
25 At the end of section 312
20
Add:
21
(4) A registered migration agent must notify the Migration Agents
22
Registration Authority in writing within 28 days after the agent
23
becomes:
24
(a) a restricted legal practitioner; or
25
(b) an unrestricted legal practitioner.
26
Penalty: 100 penalty units.
27
(5) An offence against subsection (4) is an offence of strict liability.
28
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
29
26 Subsection 313(4)
30
Repeal the subsection.
31
Schedule 1
Australian legal practitioners providing immigration assistance
12
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
27 Paragraph 316(1)(b)
1
Omit "and of lawyers in their provision of immigration legal
2
assistance".
3
28 Paragraph 316(1)(e)
4
Repeal the paragraph.
5
29 Section 319 (heading)
6
Repeal the heading, substitute:
7
319 Referral of conduct of certain migration agents to legal
8
disciplinary authorities
9
30 Subsection 319(1)
10
Repeal the subsection, substitute:
11
Referral generally
12
(1) The Migration Agents Registration Authority may refer the
13
conduct of a registered migration agent, or a former registered
14
migration agent, who is an Australian legal practitioner to an
15
authority responsible for disciplining Australian legal practitioners
16
in a State or Territory if:
17
(a) the legal practitioner was granted a practising certificate
18
under the law of that State or Territory; and
19
(b) the conduct occurred while the legal practitioner was a
20
registered migration agent, whether or not the conduct
21
occurred in connection with legal practice.
22
31 Subsections 321A(4) and 332F(4)
23
Repeal the subsections.
24
32 At the end of Part 3
25
Add:
26
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
13
Division 8--Transitional arrangements for Australian legal
1
practitioners
2
333 Definitions
3
In this Division:
4
amending Act
means the
Migration Amendment (Regulation of
5
Migration Agents) Act 2019
.
6
Division 8 commencement day
means the day this Division
7
commences.
8
Note:
This Division was added by Schedule 1 to the
Migration Amendment
9
(Regulation of Migration Agents) Act 2019
.
10
333A Restrictions on giving immigration assistance and making
11
immigration representations
12
(1) Despite the amendments of Division 2 made by Schedule 1 to the
13
amending Act, that Division, as in force immediately before the
14
Division 8 commencement day, continues to apply in relation to
15
any conduct of a person occurring before that day.
16
(2) Subsection (1) also applies in relation to any conduct of a person
17
occurring on or after the Division 8 commencement day if the
18
conduct is a part or continuation of, or is connected to, conduct of
19
the person occurring before that day.
20
333B Registered migration agents who were unrestricted legal
21
practitioners immediately before the Division 8
22
commencement day
23
Scope
24
(1) This section applies in relation to a person who, immediately
25
before the Division 8 commencement day, was both:
26
(a) a registered migration agent (even if, at that time, the
27
person's registration was under suspension, or had been taken
28
to continue under subsection 300(4)); and
29
(b) an unrestricted legal practitioner.
30
Schedule 1
Australian legal practitioners providing immigration assistance
14
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
End of registration
1
(2) The person's registration as a migration agent ends at the start of
2
the Division 8 commencement day, by force of this section.
3
333C Persons who were restricted legal practitioners immediately
4
before the Division 8 commencement day
5
Scope
6
(1) This section applies in relation to a person who was a restricted
7
legal practitioner immediately before the Division 8
8
commencement day (whether or not the person was a registered
9
migration agent at that time).
10
Eligibility under section 278A
11
(2) The person's
eligible period
for the purposes of section 278A is the
12
period of 2 years after the Division 8 commencement day, despite
13
subsection 278A(3).
14
Note:
Subsection 278A(3) provides that generally the eligible period is the
15
period of 2 years after the person first held a restricted practising
16
certificate.
17
333D Registration applications made before the Division 8
18
commencement day
19
Scope
20
(1) This section applies in relation to a person if, immediately before
21
the Division 8 commencement day:
22
(a) the person had made a registration application (whether or
23
not the person had previously been registered as a migration
24
agent); and
25
(b) the Migration Agents Registration Authority had not made a
26
decision in relation to the application.
27
Application of amendments to registration applications
28
(2) The amendments of Division 3 made by Schedule 1 to the
29
amending Act apply in relation to the registration application as if
30
it had been made on or after the Division 8 commencement day.
31
Australian legal practitioners providing immigration assistance
Schedule 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
15
Note:
On and after the Division 8 commencement day, some Australian
1
legal practitioners cannot be registered as migration agents (see
2
section 289B).
3
(3) If the person was an unrestricted legal practitioner immediately
4
before the Division 8 commencement day, section 300 (automatic
5
continuation of registration) does not apply on and after that day in
6
relation to the registration application.
7
Note:
If the registration had been taken to continue under subsection 300(4)
8
before the Division 8 commencement day, the registration would end
9
at the start of that day (see section 333B).
10
(4) Despite section 291 (applicant must not be registered if registration
11
refused in past year), if the person's registration application is
12
refused because of section 289B (inserted by Schedule 1 to the
13
amending Act), the refusal of the application does not prevent the
14
person from being registered as a migration agent in accordance
15
with a later registration application made at any time on or after the
16
Division 8 commencement day.
17
333E Events required to be notified under s 312(4)
18
Subsection 312(4) (added by Schedule 1 to the amending Act)
19
applies to require a registered migration agent to notify the
20
Migration Agents Registration Authority that the agent has become
21
a restricted or unrestricted legal practitioner if the agent becomes
22
such a practitioner on or after the Division 8 commencement day.
23
Schedule 2
Registration periods
Part 1
Amendments
16
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Schedule 2--Registration periods
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 288(2)
4
Omit "(unless he or she has been registered at some time in the 12
5
months immediately before making the application)", substitute ",
6
unless the individual has been registered at some time within the period,
7
immediately before making the application, that is prescribed for the
8
purposes of this subsection".
9
2 Section 289A
10
Repeal the section, substitute:
11
289A Applicant must not be registered if academic and vocational
12
requirements are not satisfied
13
(1) This section applies to an applicant:
14
(a) who has never been registered; or
15
(b) whose registration application is made after the end of a
16
period, prescribed for the purposes of this paragraph,
17
immediately after the end of the applicant's most recent
18
period of registration.
19
(2) The applicant must not be registered unless the Migration Agents
20
Registration Authority is satisfied that the applicant has:
21
(a) completed a course prescribed for the purposes of this
22
paragraph; and
23
(b) passed an examination, prescribed for the purposes of this
24
paragraph, within a prescribed period before the date of the
25
registration application.
26
3 Section 290A
27
Repeal the section, substitute:
28
Registration periods
Schedule 2
Amendments
Part 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
17
290A Applicant must not be registered if continuing professional
1
development requirements are not satisfied
2
(1) This section applies in relation to an applicant who has been
3
registered at some time within the period, immediately before
4
making the registration application, that is prescribed for the
5
purposes of this subsection.
6
(2) The applicant must not be registered if the Migration Agents
7
Registration Authority is satisfied that the applicant has not met,
8
within the period prescribed for the purposes of this subsection, the
9
prescribed requirements for continuing professional development
10
of registered migration agents.
11
Schedule 2
Registration periods
Part 2
Application of amendments
18
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Part 2--Application of amendments
1
4 Application of amendments made by Part 1
2
(1)
The amendments of the
Migration Act 1958
made by Part 1 of this
3
Schedule apply in relation to a registration application made on or after
4
the day this Schedule commences.
5
(2)
Despite the repeal of section 289A by Part 1 of this Schedule,
6
regulations made for the purposes of paragraph 289A(c) of the
7
Migration Act 1958
in force immediately before this Schedule
8
commences continue in force after that commencement as if they had
9
been made for the purposes of paragraph 289A(2)(a) or (b) (as the case
10
requires) of that Act as amended by Part 1 of this Schedule.
11
Redundant provisions
Schedule 3
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
19
Schedule 3--Redundant provisions
1
2
Migration Act 1958
3
1 Section 275 (definitions of
high visa refusal rate
and
4
Institute
)
5
Repeal the definitions.
6
2 Section 275 (definition of
Migration Agents Registration
7
Authority
)
8
Repeal the definition, substitute:
9
Migration Agents Registration Authority
means the body
10
mentioned in section 315.
11
Note:
If a power or function is expressed to be given to the Migration
12
Agents Registration Authority, it may only be exercised by the
13
Minister, or by a delegate of the Minister under section 320 (see
14
subsection 315(2)).
15
3 Subsection 279(1)
16
Omit "(1)".
17
4 Subsection 279(2)
18
Repeal the subsection.
19
5 Section 292
20
Omit ", 306AG or 306AGAC".
21
6 Paragraph 292A(a)
22
Omit "or 311L(1)".
23
7 Subsection 303(1) (note 1)
24
Repeal the note.
25
8 Subsection 303(1) (note 2)
26
Omit "Note 2", substitute "Note".
27
Schedule 3
Redundant provisions
20
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
9 Division 3AA of Part 3
1
Repeal the Division.
2
10 Paragraphs 306B(c) and (d)
3
Omit ", 306AG or 306AGAC".
4
11 Subdivision A of Division 4A of Part 3 (heading)
5
Repeal the heading.
6
12 Subdivision B of Division 4A of Part 3
7
Repeal the Subdivision.
8
13 Section 315
9
Repeal the section, substitute:
10
315 Migration Agents Registration Authority--nature, powers and
11
functions
12
(1) The Migration Agents Registration Authority is the body
13
established within the Department to administer this Part.
14
(2) A power or function expressed under this Part to be given to the
15
Migration Agents Registration Authority may only be exercised or
16
performed by the Minister, or by a delegate of the Minister under
17
section 320.
18
14 Subsection 316(2)
19
Repeal the subsection.
20
15 Section 319A
21
Repeal the section.
22
16 Subsection 320(1)
23
Repeal the subsection, substitute:
24
(1) The Minister may delegate any of the powers or functions given to
25
the Migration Agents Registration Authority under this Part to an
26
APS employee in the Department.
27
Note:
See section 315 (Migration Agents Registration Authority--nature,
28
powers and functions).
29
Redundant provisions
Schedule 3
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
21
17 Section 321
1
Repeal the section.
2
18 Sections 322 and 332B
3
Repeal the sections.
4
19 Subsection 332D(1)
5
Omit "or 311P".
6
20 Subsection 332E(3)
7
Omit "The Institute, or an officer or employee of the Institute,",
8
substitute "The Migration Institute of Australia Limited (ACN
9
003 409 390), or an officer or employee of that Institute,".
10
21 At the end of subsection 332E(3)
11
Add:
12
Note:
The Institute was appointed as the Migration Agents Registration
13
Authority by instrument dated 21 March 1998, under section 315 as
14
then in force. That instrument was revoked on 30 June 2009.
15
Schedule 4
Requirement for applicants to provide further information
Part 1
Amendments
22
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Schedule 4--Requirement for applicants to
1
provide further information
2
Part 1--Amendments
3
Migration Act 1958
4
1 Section 288B
5
Repeal the section, substitute:
6
288B Requirement to provide further information etc.
7
Scope
8
(1) This section applies in relation to an applicant who, on the day the
9
registration application is taken to have been made, is not a
10
registered migration agent.
11
Notice to provide further information etc.
12
(2) The Migration Agents Registration Authority may, by written
13
notice given to the applicant, require the applicant to provide
14
information in relation to the application, that is stated in the
15
notice, by doing either of the following:
16
(a) providing to the Authority, within a period prescribed for the
17
purposes of this paragraph (or that period as extended under
18
subsection (5)) and stated in the notice:
19
(i) a statutory declaration; and
20
(ii) any other specified documents;
21
(b) appearing before the Authority, at a time and place stated in
22
the notice (or at another time or place fixed under
23
subsection (5)), and providing such information, with any
24
specified documents, at such an appearance.
25
Refusal of application if applicant does not comply with notice
26
(3) The Authority may consider refusing the application if the
27
applicant fails to comply with a requirement in the notice under
28
subsection (2).
29
Requirement for applicants to provide further information
Schedule 4
Amendments
Part 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
23
Note:
If the Authority is considering refusing a registration application, it
1
must invite the applicant to make a further submission in support of
2
the application (see subsection 309(1)).
3
(4) An applicant must not be registered if:
4
(a) the applicant has failed to comply with a requirement of a
5
notice under subsection (2):
6
(i) within the period to which paragraph (2)(a) applies; or
7
(ii) at the time to which paragraph (2)(b) applies; and
8
(b) the Authority has invited the applicant to make a further
9
submission under subsection 309(1) in relation to the
10
information required by the notice under subsection (2); and
11
(c) any of the following applies:
12
(i) the applicant fails to make such a further submission
13
within a reasonable time after the invitation is given;
14
(ii) if the applicant is given an opportunity to appear before
15
the Authority under paragraph 310(3)(b)--the applicant
16
fails to appear before the Authority;
17
(iii) the Authority is not satisfied that the applicant has
18
provided the information required by the notice under
19
subsection (2) of this section after consideration of such
20
a further submission, and (if the applicant is given an
21
opportunity to appear before the Authority under
22
paragraph 310(3)(b)) any information given by the
23
applicant at such an appearance.
24
Other matters
25
(5) The Authority may, by written notice given to the applicant:
26
(a) upon a request of the applicant made within the period to
27
which paragraph (2)(a) applies, extend the period; or
28
(b) upon a request of the applicant made before the time to which
29
paragraph (2)(b) applies, fix a new time or place for the
30
applicant to appear before the Authority.
31
(6) A notice under subsection (2) must include a statement explaining
32
the consequences under this section of failing to comply with the
33
requirements of the notice.
34
Schedule 4
Requirement for applicants to provide further information
Part 2
Application of amendments
24
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Part 2--Application of amendments
1
2 Application of amendments made by Part 1
2
Despite the amendments of the
Migration Act 1958
made by Part 1 of
3
this Schedule, section 288B of that Act as in force immediately before
4
the commencement of this Schedule continues to apply in relation to a
5
requirement made under subsection 288B(1) of that Act before that
6
commencement.
7
Fees and charges
Schedule 5
Amendments
Part 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
25
Schedule 5--Fees and charges
1
Part 1--Amendments
2
Migration Act 1958
3
1 Paragraph 312(1)(ea)
4
Repeal the paragraph, substitute:
5
(ea) if the agent paid the non-commercial application charge in
6
relation to the agent's current period of registration--the
7
agent begins to give immigration assistance otherwise than
8
on a non-commercial basis during that period;
9
2 Subsection 312(3)
10
Repeal the subsection, substitute:
11
(3) The following terms used in paragraph (1)(ea) have the same
12
meaning as in the
Migration Agents Registration Application
13
Charge Act 1997
:
14
(a)
begins
(in relation to immigration assistance given otherwise
15
than on a non-commercial basis);
16
(b)
non-commercial application charge
;
17
(c)
non-commercial basis
(in relation to the basis on which
18
immigration assistance is given).
19
Schedule 5
Fees and charges
Part 2
Application of amendments
26
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
Part 2--Application of amendments
1
3 Application of amendments made by Part 1
2
The amendments of the
Migration Act 1958
made by Part 1 of this
3
Schedule apply in relation to:
4
(a) a current period of registration that started on or after the
5
commencement of this Schedule; and
6
(b) an event mentioned in paragraph 312(1)(ea) of that Act (as
7
amended by Part 1 of this Schedule) occurring on or after the
8
commencement of this Schedule.
9
Other amendments
Schedule 6
Amendments
Part 1
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
27
Schedule 6--Other amendments
1
Part 1--Amendments
2
Migration Act 1958
3
1 After subsection 276(2A)
4
Insert:
5
(2B) For the purposes of this Part, a person also gives
immigration
6
assistance
if the person uses, or purports to use, knowledge of, or
7
experience in, migration procedure to assist another person by:
8
(a) preparing, or helping to prepare, a representation to the
9
Minister to exercise the Minister's power:
10
(i) under subsection 501C(4) to revoke a decision to refuse
11
to grant, or to cancel, a visa (whether or not the decision
12
relates to the other person); or
13
(ii) under subsection 501CA(4) to revoke a decision to
14
cancel a visa (whether or not the decision relates to the
15
other person); or
16
(b) advising the other person about making a representation
17
mentioned in paragraph (a).
18
Note:
Sections 501C and 501CA provide for the revocation of decisions to
19
refuse or cancel visas on character grounds.
20
2 Subsection 276(3)
21
Omit "and (2A)", substitute ", (2A) and (2B)".
22
3 At the end of subsection 282(4)
23
Add:
24
; or (g) on behalf of a person who has made (or is proposing to
25
make) a representation to the Minister to exercise a power
26
under subsection 501C(4) to revoke a decision to refuse to
27
grant, or to cancel, a visa (whether or not the decision relates
28
to that person); or
29
(h) on behalf of a person who has made (or is proposing to
30
make) a representation to the Minister to exercise a power
31
under subsection 501CA(4) to revoke a decision to cancel a
32
visa (whether or not the decision relates to that person).
33
Schedule 6
Other amendments
Part 1
Amendments
28
Migration Amendment (Regulation of Migration Agents) Bill 2019
No. , 2019
4 Subsection 289(4)
1
Repeal the subsection.
2
Other amendments
Schedule 6
Application of amendments
Part 2
No. , 2019
Migration Amendment (Regulation of Migration Agents) Bill 2019
29
Part 2--Application of amendments
1
5 Application of amendments made by Part 1
2
(1)
The amendments of section 276 of the
Migration Act 1958
made by
3
Part 1 of this Schedule apply in relation to immigration assistance
4
(within the meaning of Part 3 of that Act as amended) if that assistance
5
is given on or after the commencement of this Schedule.
6
(2)
The amendment of section 282 of the
Migration Act 1958
made by
7
Part 1 of this Schedule applies in relation to making immigration
8
representations (within the meaning of that section of that Act as
9
amended) if those representations are made on or after the
10
commencement of this Schedule.
11
12