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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Migration Agents) Bill
2000
No. ,
2000
(Immigration and Multicultural
Affairs)
A Bill for an Act to amend the law
relating to migration, and for related purposes
ISBN: 0642 454469
Contents
Migration Act
1958 4
A Bill for an Act to amend the law relating to migration,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Migration Agents) Act 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), section 5 and items 3, 5, 8,
15, 16, 18, 19, 20, 21 and 22 of Schedule 1 commence on a day to be fixed
by Proclamation.
(3) If a provision referred to in subsection (2) does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
(4) Items 9 to 14 of Schedule 1 commence at the later of the
following times:
(a) immediately after the commencement of item 8 of
Schedule 1;
(b) the commencement of Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal.
Note: The short title of the Act that establishes the
Administrative Review Tribunal is either the Administrative Review Tribunal
Act 2000 or the Administrative Review Tribunal Act
2001.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The amendment of the Migration Act 1958 made by item 7 of
Schedule 1 to this Act applies to:
(a) any registration application made after the commencement of this
section; and
(b) any registration application made before the commencement of this
section, if the registered agent who made the application was still a registered
agent immediately before the commencement of this section.
The amendments of the Migration Act 1958 made by items 8, 15,
16, 18, 19, 20, 21 and 22 of Schedule 1 to this Act apply to:
(a) any complaint about a person made after the commencement of this
section in relation to his or her provision of immigration assistance before or
after the commencement of this section; and
(b) any complaint about a person made before the commencement of this
section, if the person was a registered agent immediately before the
commencement of this section.
1 At the end of
section 276
Add:
(4) A person also does not give immigration assistance in the
circumstances prescribed by the regulations.
2 At the end of
section 282
Add:
(5) A person does not make immigration representations in the
circumstances prescribed by the regulations.
3 Subsection 289(1)
After “292,”, insert “292A,”.
4 Subsection 289(4)
Omit “If”, substitute “Subject to subsection 300(3),
if”.
5 After section 292
Insert:
An applicant must not be registered if:
(a) the Migration Agents Registration Authority has made a decision under
subsection 311A(1) to bar him or her from being a registered agent for a
particular period; and
(b) the period has not ended.
6 Subsection 299(1)
After “sections”, insert “300,”.
7 After section 299
Insert:
(1) If:
(a) before the end of the last day (the expiry day) of the
period of registration of a registered agent, the agent has made a registration
application; and
(b) the agent has paid the registration application fee (if any) in
respect of the application; and
(c) the Migration Agents Registration Authority has not decided the
application before the end of the expiry day;
the agent’s registration is taken to continue until the Authority
decides the application.
Application granted if no decision within a certain period
(2) However, if the Authority has not decided the registration application
before the end of the period of 10 months beginning on the day after the expiry
day, the application is taken to have been granted at the end of that
period.
When registration takes effect
(3) If the Authority grants the registration application, or the
registration application is taken to have been granted under
subsection (2), the registration is treated as having taken effect at the
end of the expiry day.
Example: An agent’s registration is due to end on
31 October (the expiry day). On 20 October the agent
applies to be registered again. The Authority has not decided the application by
the end of 31 October.
The agent’s registration continues automatically past
31 October until the Authority decides the application.
On 15 November the Authority grants the application.
The new 12 month registration is treated as having taken effect at the end of
31 October.
8 After Division 4 of
Part 3
Insert:
(1) The Migration Agents Registration Authority may decide to bar a former
registered agent from being a registered agent for a period if, after
investigating a complaint about him or her in relation to his or her provision
of immigration assistance while he or she was a registered agent, it is
satisfied that the subject matter of the complaint is made out.
Note: Before making such a decision, the Authority must
invite the former registered agent to make a submission: see
section 311D.
(2) The period must not be more than 5 years starting on the day of the
Authority’s decision.
Notice to former registered agent
(1) If the Migration Agents Registration Authority makes a decision under
subsection 311A(1), the Authority must give the former registered agent written
notice of the decision specifying:
(a) the reasons for the decision; and
(b) the period in respect of which he or she is barred from being a
registered agent.
Publication of statement about decision
(2) The Authority must also publish, in the way prescribed by the
regulations, a statement about the decision (which includes the reasons for the
decision). However, the statement need not set out the findings on material
questions of fact and need not refer to the evidence or other material on which
those findings were based.
Time of publication
(3) The statement must be published as soon as possible after the end of
28 days after the former registered agent is given written notice of the
decision.
(4) However, if:
(a) the former registered agent applies within those 28 days for review of
the decision under the Administrative Appeals Tribunal Act 1975 or for
judicial review of the decision; and
(b) the decision stands at the end of all the proceedings (including any
appeals) resulting from the application;
the statement must be published as soon as possible after the end of those
proceedings.
(1) If the Migration Agents Registration Authority makes a decision under
subsection 311A(1), the Authority may:
(a) prepare a statement about the decision; and
(b) make the statement available to any or all of the following:
(i) the public;
(ii) one or more sections of the public;
(iii) one or more groups of persons;
(iv) one or more persons.
Content of statement
(2) A statement under subsection (1) may include, set out or refer to
any or all of the following:
(a) the contents of a statement under subsection 311B(2);
(b) an extract from such a statement;
(c) the Authority’s reasons for the decision;
(d) the Authority’s findings on any material questions of
fact;
(e) the evidence or any other material on which the findings of fact were
based.
(3) Subsection (2) does not limit subsection (1).
How statement to be made available
(4) A statement under subsection (1) may be made available:
(a) by being published in a newsletter, newspaper or periodical;
or
(b) on the Internet; or
(c) in any other way.
Immunity for publishing statement
(5) An action or proceeding (whether civil or criminal) does not lie
against a person for publishing in good faith:
(a) a copy of; or
(b) a fair extract from; or
(c) a fair summary of;
a statement under subsection (1).
Invitation to make submission
(1) Before making a decision under subsection 311A(1), the Migration
Agents Registration Authority must give the former registered agent a written
notice:
(a) stating that the Authority proposes to make such a decision and the
reasons for it; and
(b) inviting him or her to make a written submission to the Authority on
the matter within 28 days after the notice is given.
Authority to consider any submission
(2) The Authority must consider any written submission received within
that period.
No submission received
(3) If the Authority does not receive a written submission, it may decide
the matter on the information before it.
Submission received
(4) If the Authority receives a written submission, it may:
(a) decide the matter; or
(b) give the former registered agent the opportunity to appear before it
and then decide the matter.
In considering making a decision under subsection 311A(1), the Migration
Agents Registration Authority:
(a) is not bound by technicalities, legal forms or rules of evidence;
and
(b) must act according to substantial justice and the merits of the
case.
Subject to the Administrative Appeals Tribunal Act 1975, an
application may be made to the Administrative Appeals Tribunal for review of a
decision by the Migration Agents Registration Authority under subsection
311A(1).
9 Paragraph 311B(4)(a)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
10 Paragraph 311B(4)(b)
Omit “the proceedings (including any appeals)”, substitute
“review and appeal action”.
11 Subsection 311B(4)
Omit “those proceedings”, substitute “that review and
appeal action”.
12 Section 311F
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
Note: The heading to section 311F is altered by
omitting “Administrative Appeals”.
13 Section 311F
Omit “Administrative Appeals Tribunal for review”, substitute
“Tribunal for review”.
14 At the end of
section 311F
Add:
(2) The review of a decision made by the Migration Agents Registration
Authority under subsection 311A(1) is to take place in the Commercial and
General Division of the Tribunal.
15 Paragraph 316(1)(c)
Repeal the paragraph, substitute:
(c) to investigate complaints in relation to the provision of immigration
assistance by registered agents; and
16 Paragraph 316(1)(d)
After “agents”, insert “or former registered
agents”.
17 At the end of subsection
316(1)
Add:
; and (h) such other functions as are conferred on the Authority by this
Part.
18 After subsection 316(1)
Insert:
(1A) In performing its function under paragraph (1)(c), the Authority
may start, or complete, an investigation of a complaint about a person at a time
when he or she is no longer a registered agent.
(1B) However, the Authority can investigate a complaint about a former
registered agent only if the complaint is received within 12 months after he or
she ceased to be a registered agent.
19 Section 318
Omit “registered agent, the Authority may refer the complainant and
the agent”, substitute “person who is or was a registered agent, the
Authority may refer the complainant and the person”.
20 Subsection 319(1)
After “registered agent”, insert “, or a former
registered agent,”.
21 Subsection 319(2)
Omit “does so”, substitute “refers the conduct of a
registered agent”.
Note: The following heading to subsection 319(2) is inserted
“Conduct of registered agents”.
22 At the end of
section 319
Add:
Conduct of former registered agents
(3) If the Migration Agents Registration Authority refers the conduct of a
former registered agent, it may not take action against him or her under
subsection 311A(1) on the basis of that conduct.
Note: Subsection 311A(1) allows the Authority to bar a
former registered agent from being a registered agent for a period of not more
than 5 years starting on the day of its decision.