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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Migration Agents Integrity Measures) Bill
2003
No. ,
2003
(Citizenship and Multicultural
Affairs)
A Bill for an Act to amend the
Migration Act 1958, and for related purposes
Contents
Part 1—Amendments 3
Migration Act
1958 3
Part 2—Application and transitional
provisions 55
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Migration Agents Integrity Measures) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Section 275
Insert:
high visa refusal rate, in relation to a visa of a particular
class, has the meaning given by section 306AC.
2 Section 275 (definition of registered
agent)
Repeal the definition.
3 Section 275
Insert:
registered migration agent means an individual registered as
a migration agent under section 286.
4 Section 275 (definition of registration
application fee)
After “imposed by”, insert “section 4
of”.
5 Section 275
Insert:
registration status charge means charge imposed by
section 10 of the Migration Agents Registration Application Charge Act
1997.
6 After subsection 276(2)
Insert:
(2A) For the purposes of this Part, a person also gives immigration
assistance if the person uses, or purports to use, knowledge of, or
experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a request to the Minister to
exercise his or her power under section 351, 391, 417, 454 or 501J in
respect of a decision (whether or not the decision relates to the other person);
or
(b) advising the other person about making such a request.
7 Subsection 276(3)
Omit “subsections (1) and (2)”, substitute
“subsections (1), (2) and (2A)”.
8 At the end of
section 277
Add:
(4) A lawyer does not give immigration legal assistance in giving advice
to another person that is for the purpose of the preparation or making of a
request to the Minister to exercise his or her power under section 351,
391, 417, 454 or 501J in respect of a decision (whether or not the decision
relates to the other person).
9 Paragraph 278(a)
Omit “employed by”, substitute “an employee
of”.
10 At the end of
section 278
Add:
Regulations
(2) For the purposes of this Part, an individual is also related by
employment to another individual in any other prescribed
circumstance.
Expanded meaning of employee
(3) In this section:
employee includes a person engaged as a consultant or as an
independent contractor.
11 Subsection 280(1)
After “registered”, insert “migration”.
12 Subsection 280(1) (penalty)
Omit “50”, substitute “60”.
13 At the end of subsection
280(1)
Add:
Note: See also paragraph 504(1)(ja) (which deals with the
payment of penalties as an alternative to prosecution).
14 At the end of subsection
280(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
15 At the end of subsection
280(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
16 At the end of subsection
280(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
17 Subsection 280(5)
Repeal the subsection, substitute:
(5) This section does not prevent an individual from giving immigration
assistance of a kind covered by subsection 276(2A) if the assistance is not
given for a fee or other reward.
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
(5A) This section does not prevent a close family member of a person from
giving immigration assistance to the person.
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
(5B) This section does not prevent a person nominating a visa applicant
for the purposes of the regulations from giving immigration assistance to the
applicant.
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
(5C) This section does not prevent a person sponsoring a visa applicant
for the purposes of the regulations from giving immigration assistance to the
applicant.
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
18 At the end of subsection
280(6)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
19 Subsection 280(7)
Insert:
close family member has the meaning given by the
regulations.
20 Subsection 281(1)
After “registered”, insert “migration”.
21 Subsection 281(2)
After “registered”, insert “migration”.
22 At the end of subsection
281(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
23 Subsection 282(1)
After “registered”, insert “migration”.
24 Subsection 282(2)
After “registered”, insert “migration”.
25 At the end of subsection
282(4)
Add:
; or (e) on behalf of a person who has made (or is proposing to make) a
request to the Minister to exercise his or her power under section 351,
391, 417, 454 or 501J in respect of a decision (whether or not the decision
relates to that person), about the request.
26 Subsection 283(1)
After “registered”, insert “migration”.
Note: The heading to section 283 is altered by
inserting “migration” after
“registered”.
27 Subsection 283(2)
After “registered”, insert “migration”.
28 Subsection 284(1)
After “registered”, insert “migration”.
29 At the end of subsection
284(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
30 At the end of subsection
284(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
31 At the end of subsection
284(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
32 Subsection 285(1)
After “registered”, insert “migration”.
33 At the end of subsection
285(2)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
34 At the end of subsection
285(3)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
35 At the end of subsection
285(4)
Add:
Note: A defendant bears an evidential burden in relation to
the matter in this subsection (see subsection 13.3(3) of the Criminal
Code).
36 Subsection 287(2)
After “registered” (first occurring), insert
“migration”.
37 At the end of subsection
287(2)
Add:
; and (i) particulars of any other prescribed matter.
38 Paragraph 287(3)(b)
Repeal the paragraph, substitute:
(b) particulars of any cancellation or suspension of a registered
migration agent’s registration or of any caution given to such an
agent.
39 At the end of
section 287
Add:
Removal of disciplinary details
(5) The Authority must remove from the Register the following
details:
(a) particulars of any suspension of a registered migration agent’s
registration (if the suspension is no longer in effect);
(b) particulars of any caution given to such an agent (if the caution is
no longer in effect).
Time for removal
(6) The Authority must remove the details within the period worked out in
accordance with the regulations.
(7) The regulations may prescribe different periods in relation to details
about suspensions or cautions.
40 Section 288
Repeal the section, substitute:
(1) An individual may apply to the Migration Agents Registration Authority
to be registered as a registered migration agent.
Publishing requirement
(2) The individual must satisfy 1 of 2 publishing options set out in
section 288A (unless he or she has been registered at some time in the 12
months immediately before making the application).
Form of application
(3) A registration application is to be in a form approved in writing by
the Authority and contain such information relevant to the application as is
required by the form.
Note: The applicant may be required to make a statutory
declaration, or to answer questions, in relation to the application: see
section 288B.
Time of application
(4) The day on which a registration application is taken to have been made
is the day worked out in accordance with the regulations.
Registration application fee
(5) The Authority must not consider a registration application unless the
applicant has paid the registration application fee (if any) on the
application.
Evidence of publication
(6) If the applicant is required under this section to satisfy 1 of 2
publishing options, the Authority must not consider the application unless the
applicant has:
(a) satisfied one of those options; and
(b) given the Authority evidence of the publication concerned.
Withdrawal of application
(7) The applicant may withdraw an application by giving notice in writing
to the Authority. However, the applicant is not entitled to a refund of the
registration application fee paid in relation to the application.
(1) For the purposes of subsection 288(2), this section sets out an
individual’s 2 publishing options.
Individual publication
(2) The first option is for the individual to publish in the prescribed
way a notice:
(a) stating his or her intention to apply for registration; and
(b) stating that anyone may give the Migration Agents Registration
Authority a written objection to his or her registration within the period of 30
days after publication of the notice (or 30 days after the day on which the
notice is last published, if it must be published more than once).
Joint publication
(3) The second option is for the individual and one or more other
individuals, who are all employees of the same employer and who all intend to
apply for registration, to publish in the prescribed way a single
notice:
(a) stating their intention to apply for registration; and
(b) stating that anyone may give the Migration Agents Registration
Authority a written objection to registration of any one or more of them within
the period of 30 days after publication of the notice (or 30 days after the day
on which the notice is last published, if it must be published more than
once).
(1) The Migration Agents Registration Authority may require an applicant
who, on the day the application is taken to have been made, is not a registered
migration agent:
(a) to make a statutory declaration in relation to information or
documents provided by the applicant in relation to the application; or
(b) to appear before one or more individuals specified by the Authority
and to answer questions in relation to the application.
(2) If an applicant is required under this section to make a statutory
declaration or to answer questions, the Authority must not further consider the
application until the applicant does so.
41 Subsection 289(1)
Omit “section 290, 290A, 291, 292, 292A, 293 or 294”,
substitute “this Part”.
42 Subsection 289(1) (note)
Omit “because of one or more of those sections”.
43 Subsection 289(2)
After “Authority”, insert “must”.
44 Subsection 289(3)
Omit “If the applicant was required to publish notice of his or her
intention to apply for registration”, substitute “However, if the
applicant was required under section 288 to satisfy 1 of 2 publishing
options”.
45 Paragraph 289(3)(a)
Omit “notice, despite subsection (2)”, substitute
“notice concerned”.
46 Paragraph 289(3)(b)
Omit “section 290, 291, 292, 293 or 294 prohibits registration
of”, substitute “to register”.
47 After section 289
Insert:
An applicant:
(a) who has never been registered; or
(b) who is applying to be registered more than 12 months after the end of
his or her previous registration;
must not be registered unless the Migration Agents Registration Authority
is satisfied that he or she:
(c) has completed a prescribed course within the prescribed period and has
passed a prescribed exam within the prescribed period; or
(d) holds the prescribed qualifications.
48 Paragraph 290(2)(b)
Repeal the paragraph.
49 Paragraph 290(2)(f)
Omit “a professional association is taking, or has taken,”,
substitute “is being taken, or has been taken,”.
50 Paragraph 290(3)(d)
Omit “a professional association is taking, or has taken,”,
substitute “is being taken, or has been taken,”.
51 At the end of
section 290
Add:
(4) To avoid doubt, this section applies to all applicants (not just first
time applicants).
52 Section 290A
After “not met”, insert “, within the prescribed
period,”.
53 Section 290A
After “registered” (last occurring), insert
“migration”.
54 After section 290A
Insert:
An applicant must not be registered if any registration status charge
payable by him or her remains unpaid after the time when it becomes due for
payment.
55 At the end of
section 291
Add:
(2) To avoid doubt, this section applies to all applicants (not just first
time applicants).
56 Section 292
After “section 303”, insert “or
306AG”.
57 Section 292A
After “subsection 311A(1)”, insert “or
311L(1)”.
58 Paragraph 292A(a)
After “registered”, insert “migration”.
59 At the end of
section 294
Add:
(2) To avoid doubt, this section applies to all applicants (not just first
time applicants).
60 Subsection 299(1)
Omit “302 and 303”, substitute “302, 303 and
306AG”.
61 Subsection 299(1)
After “registered”, insert “migration”.
62 Subsection 299(3)
After “registered”, insert “migration”.
63 Paragraph 300(1)(a)
After “registered”, insert “migration”.
64 Section 301
Omit “One month”, substitute “At least 30
days”.
65 Section 301
After “registered” (first occurring), insert
“migration”.
66 Subsection 302(1)
After “registered”, insert “migration”.
67 Paragraph 303(a)
After “registered”, insert “migration”.
Note: The heading to section 303 is replaced by the
heading “Disciplining registered migration
agents”.
68 Section 303 (note)
Repeal the note, substitute:
Note 1: The Authority is required to cancel or suspend a
registered migration agent’s registration in certain circumstances: see
Division 3AA.
Note 2: If the Authority is considering making a decision
under this section, it must invite the registered migration agent to make a
submission: see sections 309 and 310.
69 At the end of section 303 (after the
note)
Add:
Unpaid registration status charge
(2) The Authority may also suspend the registration of a registered
migration agent if any registration status charge payable by him or her remains
unpaid after the time when it becomes due for payment.
70 Subsection 304(1)
After “registered”, insert “migration”.
71 After section 304
Insert:
The Migration Agents Registration Authority may set one or more
conditions for the lifting of a caution it gives to a registered migration
agent.
Note: Particulars of cautions are shown on the Register: see
section 287.
72 Sections 305 and 305A
Repeal the sections, substitute:
Notice to agent
(1) The Migration Agents Registration Authority must give a registered
migration agent written notice of a decision made under section 303 in
relation to the agent.
(2) The notice must set out the reasons for the decision.
When decision takes effect
(3) The decision takes effect at the time the agent is given written
notice of it.
Note: Section 332H sets out when the agent is taken to
have been given the notice.
No application for review
(1) If, within 28 days after a registered migration agent is given notice
of a decision under section 303, the agent has not applied for:
(a) review of the decision under the Administrative Appeals Tribunal
Act 1975; or
(b) judicial review of the decision;
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that sets out the decision and
specifies the grounds for the decision; and
(d) the Authority may prepare a statement about the decision and make it
available to one or more groups of persons, or to one or more persons, in any
way the Authority thinks fit.
Application for review
(2) If:
(a) within 28 days after a registered migration agent is given notice of a
decision (the initial decision) under section 303, the agent
applies for review of the initial decision under the Administrative Appeals
Tribunal Act 1975 or for judicial review of the initial decision;
and
(b) at the end of all the proceedings (including any appeals) resulting
from the application, there is a decision (the final decision) to
cancel or suspend the agent’s registration or to caution the agent (which
may be the initial decision);
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that sets out the final
decision and specifies the grounds for the final decision; and
(d) the Authority may prepare a statement about the final decision and
make it available to one or more groups of persons, or to one or more persons,
in any way the Authority thinks fit.
Content of statement
(3) A statement under this section 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.
Protection from civil proceedings
(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
73 Before section 306
Insert:
(1) If the Migration Agents Registration Authority makes a decision under
section 303 in relation to a registered migration agent, the Authority or
the Secretary may inform one or more of the clients of the agent about any one
or more of the following:
(a) the making of the decision;
(b) whether or not the agent has applied for review of the
decision;
(c) the status of any such review.
(2) This section has effect despite section 305A.
(3) In this section:
client has the meaning given by section 306C.
(1) This section applies if the Migration Agents Registration Authority is
considering:
(a) refusing a registration application from a registered migration agent;
or
(b) making a decision under section 303 to cancel or suspend such an
agent’s registration or to caution such an agent.
(2) The Authority may, by written notice given to the agent, require him
or her to provide the Authority with prescribed information or prescribed
documents within the specified period and in the specified manner.
(3) A period specified in a notice under this section must end at least 14
days after the notice was given.
Note: Section 332H sets out when the agent is taken to
have been given the notice.
Offence
(4) A person commits an offence if:
(a) the person is subject to a requirement under this section;
and
(b) the person contravenes the requirement.
Penalty: 60 penalty units.
(5) An offence against subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Self-incrimination
(6) A person is not excused from giving information or providing a
document on the ground that the information or provision of the document may
tend to incriminate the person.
(7) However:
(a) any information or document provided in response to a requirement
under subsection (2); and
(b) any information or thing (including any document) obtained as a direct
or indirect result of information or a document provided in response to a
requirement under subsection (2);
is not admissible in evidence against the person in any criminal
proceedings (except proceedings for an offence against section 137.1 or
137.2 of the Criminal Code that relates to this Act or the
regulations).
74 At the end of Division 3 of
Part 3
Add:
If the Administrative Appeals Tribunal or a court orders a stay of a
decision under section 303 to cancel or suspend a registered migration
agent’s registration, it is taken to be a condition of the order that the
prescribed supervisory requirements apply in relation to the agent during the
period of the order.
75 After Division 3 of
Part 3
Insert:
In this Division:
mandatory decision means a decision of the Migration Agents
Registration Authority under section 306AG.
referral decision means a decision of the Minister under
section 306AC.
Referral
(1) The Minister may refer a registered migration agent to the Migration
Agents Registration Authority for disciplinary action if the agent has a high
visa refusal rate in relation to a visa of a particular class.
Note 1: If the Minister is considering doing so, the
Minister must invite the agent to make a submission on the matter and must
consider any submission that is made: see section 306AE.
Note 2: If the Minister refers an agent, the Authority must
discipline the agent: see section 306AG.
Note 3: The Minister’s decision is reviewable by the
Administrative Appeals Tribunal: see section 306AJ.
High visa refusal rate
(2) This is how to work out if the agent has a high visa refusal rate in
relation to a visa of a particular class:
Method statement
Step 1. Work out the number of:
(a) valid applications for a visa of that class; and
(b) applications for review by a review authority of a decision to refuse
to grant a visa of that class;
made during a period determined by the Minister under this Division in
respect of which the agent has given immigration assistance to the applicants
concerned.
Note: Subsections (3) and (4) provide for certain
applications not to be counted.
Step 2. Work out if the number at step 1 is equal to or greater than
the number determined by the Minister under this Division.
Step 3. If it is, work out in respect of the applications covered by
step 1 the number of decisions to refuse to grant a visa that are standing at
the end of all the proceedings (including any appeals) resulting from such
decisions.
Step 4. The agent has a high visa refusal rate in
relation to a visa of that class once the number at step 3 expressed as a
percentage of the number at step 1 is equal to or greater than the percentage
determined by the Minister under this Division in relation to that class of
visa.
Immigration assistance at visa application stage and review
stage
(3) If:
(a) the agent gives immigration assistance to a person in respect of a
valid application by the person for a visa of a particular class; and
(b) the agent later gives immigration assistance to the person in respect
of an application (the review application) by the person for
review by a review authority of a decision to refuse to grant that
visa;
then the review application is not to be counted for the purposes of step 1
of the method statement.
Immigration assistance in a prescribed capacity
(4) An application of a kind covered by step 1 of the method statement is
not to be counted if the agent gave the immigration assistance in a prescribed
capacity.
Period for making applications
(1) The Minister may, by writing, determine a period for the purposes of
step 1 of the method statement in section 306AC.
Minimum number of applications
(2) The Minister may, by writing, determine a number for the purposes of
step 2 of that method statement.
Refusal percentage
(3) The Minister may, by writing, determine a percentage for a specified
class of visa for the purposes of step 4 of that method statement.
Disallowable instruments
(4) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) If the Minister is considering referring a registered migration agent
to the Migration Agents Registration Authority for disciplinary action, the
Minister must give the agent a written notice:
(a) stating that the Minister is considering making such a decision and
the reasons for it; and
(b) inviting the agent to make a written submission to the
Minister:
(i) on the reasons for the agent having a high visa refusal rate in
relation to the class of visa concerned; and
(ii) on any other matter the agent considers relevant; and
(c) stating that any submission must be made within the period (the
objection period) of 14 days after the notice is given.
Extension
(2) Before the end of the objection period, the agent may, by notice in
writing, request an extension of that period.
(3) The Minister must grant an extension of 14 days if the notice contains
reasons for the request.
Minister to consider any submission
(4) The Minister must consider any written submission received within the
objection period (or that period as extended).
Notice to Migration Agents Registration Authority
(1) The Minister must give the Migration Agents Registration Authority
written notice of a decision to refer a registered migration agent to the
Authority for disciplinary action.
(2) The notice must be given to the Authority by one of the methods
specified in section 494B. The notice must specify the grounds for the
referral.
Notice to agent
(3) The Minister must give the registered migration agent written notice
of the decision to refer him or her to the Authority for disciplinary
action.
(4) The notice must be given to the agent on the same day that notice of
the referral is given to the Authority.
(5) The notice given to the agent must set out the grounds for the
referral.
(1) If the Minister refers a registered migration agent to the Migration
Agents Registration Authority for disciplinary action, the Authority
must:
(a) in the case of a first referral—suspend the agent’s
registration for 12 months; or
(b) in the case of any later referral—cancel the agent’s
registration.
Time of decision
(2) The Authority must make its decision as soon as possible, but not
later than 7 days, after receiving notice of the referral.
Note: Section 494C sets out when the Authority is taken
to have received notice of the referral.
Notice to agent
(3) The Authority must give the agent written notice of its
decision.
(4) The decision takes effect at the time the agent is given written
notice of it.
Note: Section 332H sets out when the agent is taken to
have been given the notice.
Section subject to sections 306AI and 306AK
(5) This section has effect subject to sections 306AI and
306AK.
(1) The Minister may direct the Migration Agents Registration Authority to
revoke a mandatory decision made in relation to a registered migration agent if
the Minister thinks that it is appropriate to do so.
Notice to Authority
(2) A direction must be given by written notice to the Authority by one of
the methods specified in section 494B.
Other action
(3) In the notice, the Minister may also direct the Authority to take
further specified action after it revokes the mandatory decision.
Power to be exercised personally
(4) The power under subsection (1) may only be exercised by the
Minister personally.
No duty to consider whether to exercise the power
(5) The Minister does not have a duty to consider whether to exercise the
power under subsection (1), whether or not the agent or anyone else
requests him or her to do so, or in any other circumstances.
(1) If the Minister directs the Migration Agents Registration Authority to
revoke a mandatory decision made in relation to a registered migration agent,
the Authority must do so.
Time of decision
(2) The Authority must make its decision as soon as possible, but not
later than 7 days, after receiving notice of the direction.
Note: Section 494C sets out when the Authority is taken
to have received notice of the direction.
Notice to agent
(3) The Authority must give the agent written notice of its
decision.
Mandatory decision taken never to have been made
(4) If a mandatory decision is revoked under this section, it is taken
never to have been made.
Other action
(5) If the Minister also directs the Authority to take further action
after it revokes the mandatory decision, it must take the action as soon as
possible after the revocation.
An application may be made to the Administrative Appeals Tribunal for
review of a referral decision.
(1) If:
(a) an application is made to the Administrative Appeals Tribunal for
review of a referral decision; or
(b) an application is made to a court for judicial review of a referral
decision;
then, in relation to those proceedings or any proceedings on appeal
resulting from the application, the Tribunal or a court may make such orders
(including stay orders) as it thinks fit in relation to the mandatory decision
that was made as a result of the referral decision.
Orders binding the Migration Agents Registration Authority
(2) However, the Tribunal or a court cannot make an order binding the
Migration Agents Registration Authority unless the Authority has been accorded
procedural fairness in relation to the making of the order.
Stay orders
(3) If the Tribunal or a court orders a stay of a mandatory decision made
in relation to a registered migration agent, it is taken to be a condition of
the order that the prescribed supervisory requirements apply in relation to the
agent during the period of the order.
(4) Subsection (3) applies whether or not the stay order is made
under this section.
No application for review
(1) If, within 28 days after a registered migration agent is given written
notice of a referral decision, the agent has not applied for:
(a) review of the referral decision under the Administrative Appeals
Tribunal Act 1975; or
(b) judicial review of the referral decision;
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that:
(i) sets out the referral decision and specifies the grounds for the
referral decision; and
(ii) sets out the mandatory decision that was made as a result of the
referral decision; and
(d) the Authority may prepare a statement about the referral decision and
the mandatory decision and make it available to one or more groups of persons,
or to one or more persons, in any way the Authority thinks fit.
Application for review
(2) If:
(a) within 28 days after a registered migration agent is given written
notice of a referral decision, the agent applies for review of the referral
decision under the Administrative Appeals Tribunal Act 1975 or for
judicial review of the referral decision; and
(b) at the end of all the proceedings (including any appeals) resulting
from the application, there is a decision (the final decision) to
cancel or suspend the agent’s registration (which may be the mandatory
decision that was made as a result of the referral decision);
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that:
(i) sets out the referral decision and specifies the grounds for the
referral decision; and
(ii) sets out the final decision; and
(d) the Authority may prepare a statement about the referral decision and
the final decision and make it available to one or more groups of persons, or to
one or more persons, in any way the Authority thinks fit.
Content of statement
(3) A statement under this section 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.
Protection from civil proceedings
(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
(1) If the Migration Agents Registration Authority makes a mandatory
decision in relation to a registered migration agent, the Authority or the
Secretary may inform one or more of the clients of the agent about any one or
more of the following:
(a) the making of the mandatory decision;
(b) the making of the referral decision that resulted in the making of the
mandatory decision;
(c) whether or not the agent has applied for review of the referral
decision;
(d) the status of any such review.
(2) This section has effect despite section 306AL.
(3) In this section:
client has the meaning given by section 306C.
76 Division 3A of Part 3
(heading)
Repeal the heading, substitute:
77 Paragraph 306A(a)
After “inactive” (first occurring), insert
“migration”.
78 Paragraph 306A(b)
After “deceased”, insert “migration”.
79 Paragraph 306A(c)
After “obtain”, insert “originals or”.
80 Paragraph 306A(c)
After “inactive”, insert “migration”.
81 Paragraph 306A(c)
After “deceased”, insert “migration”.
82 Paragraph 306A(d)
After “give the”, insert “originals or”.
83 Paragraph 306B(a)
After “registered” (first occurring), insert
“migration”.
Note: The heading to section 306B is altered by
inserting “migration” after
“Inactive”.
84 Subparagraph 306B(a)(i)
After “inactive”, insert
“migration”.
85 Subparagraph 306B(a)(ii)
After “inactive”, insert “migration”.
86 Subparagraph 306B(a)(ii)
After “registered”, insert “migration”.
87 Subparagraph 306B(b)(i)
After “inactive”, insert
“migration”.
88 Subparagraph 306B(b)(ii)
After “inactive”, insert “migration”.
89 Subparagraph 306B(b)(ii)
After “registered”, insert “migration”.
90 Paragraph 306B(c)
After “section 303”, insert “or
306AG”.
91 Subparagraph 306B(c)(i)
After “inactive”, insert
“migration”.
92 Subparagraph 306B(c)(ii)
After “inactive”, insert “migration”.
93 Paragraph 306B(d)
After “section 303”, insert “or
306AG”.
94 Subparagraph 306B(d)(i)
After “inactive”, insert
“migration”.
95 Subparagraph 306B(d)(ii)
After “inactive”, insert “migration”.
96 Paragraph 306B(e)
After “registered”, insert “migration”.
97 Subparagraph 306B(e)(i)
After “inactive”, insert
“migration”.
98 Subparagraph 306B(e)(ii)
After “inactive”, insert “migration”.
99 Section 306C
Repeal the section, substitute:
For the purposes of this Division, if a registered migration agent gave,
or anticipated giving, immigration assistance to another person:
(a) the other person is a client of the registered migration
agent and, if the registered migration agent dies, the other person remains a
client of the deceased registered migration agent; and
(b) if the registered migration agent becomes an inactive migration
agent—the other person remains a client of the inactive
migration agent and, if the inactive migration agent dies, the other person
remains a client of the deceased inactive migration
agent.
100 Subsection 306D(1)
After “inactive” (first occurring), insert
“migration”.
Note: The heading to section 306D is replaced by the
heading “Power to obtain documents from inactive migration
agent”.
101 Paragraph 306D(1)(a)
After “inactive”, insert “migration”.
102 Paragraph 306D(1)(a)
After “registered”, insert “migration”.
103 Paragraph 306D(1)(b)
After “inactive”, insert “migration”.
104 Subsection 306D(2)
Repeal the subsection, substitute:
(2) The Migration Agents Registration Authority may, by written notice
given to the inactive migration agent, require him or her:
(a) to make copies of any such documents and to produce those copies to
the Authority within the specified period and in the specified manner;
or
(b) to produce to the Authority, within the specified period and in the
specified manner, any such documents that are owned by those clients or that
were provided to the agent by, or on behalf of, those clients.
Note: An example of a document provided to a registered
migration agent is a client’s passport.
105 At the end of
section 306D
Add:
Note: Section 332H sets out when the inactive migration
agent is taken to have been given the notice.
106 Subsection 306E(1)
After “inactive” (wherever occurring), insert
“migration”.
Note: The heading to section 306E is replaced by the
heading “Power to obtain documents from representative of deceased
inactive migration agent”.
107 Paragraph 306E(1)(a)
After “registered”, insert “migration”.
108 Paragraphs 306E(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) to make copies of any such documents and to produce those copies to
the Authority within the specified period and in the specified manner;
or
(b) to produce to the Authority, within the specified period and in the
specified manner, any such documents that are owned by those clients or that
were provided to the registered migration agent by, or on behalf of, those
clients.
109 At the end of subsection
306E(2)
Add:
Note: An example of a document provided to a registered
migration agent is a client’s passport.
110 At the end of
section 306E
Add:
Note: Section 332H sets out when the legal personal
representative is taken to have been given the notice.
111 Subsection 306F(1)
After “registered” (wherever occurring), insert
“migration”.
Note: The heading to section 306F is replaced by the
heading “Power to obtain documents from representative of deceased
registered migration agent”.
112 Paragraphs 306F(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) to make copies of any such documents and to produce those copies to
the Authority within the specified period and in the specified manner;
or
(b) to produce to the Authority, within the specified period and in the
specified manner, any such documents that are owned by those clients or that
were provided to the registered migration agent by, or on behalf of, those
clients.
113 At the end of subsection
306F(2)
Add:
Note: An example of a document provided to a registered
migration agent is a client’s passport.
114 At the end of
section 306F
Add:
Note: Section 332H sets out when the legal personal
representative is taken to have been given the notice.
115 Subsection 306H(1)
(penalty)
Omit “30”, substitute “60”.
116 Section 306J
Repeal the section, substitute:
(1) An individual is not excused from producing a document under
section 306D, 306E or 306F on the ground that the production of the
document may tend to incriminate the individual or expose the individual to a
penalty.
(2) However:
(a) any document so produced; and
(b) any information or thing (including any document) obtained as a direct
or indirect result of a document so produced;
is not admissible in evidence against the individual in any criminal
proceedings (except proceedings for an offence against section 137.1 or
137.2 of the Criminal Code that relates to this Act or the
regulations).
117 Paragraph 306K(1)(a)
Omit “a copy of”.
Note: The heading to section 306K is altered by
omitting “copies of”.
118 Paragraphs 306K(1)(a) and
(b)
After “inactive”, insert “migration”.
119 Paragraph 306K(1)(c)
Repeal the paragraph, substitute:
(c) give the document to:
(i) the client; or
(ii) if the client has, by written notice given to the Authority,
nominated a person to receive such documents—that person; and
120 Paragraph 306K(1)(d)
After “registered”, insert “migration”.
121 Paragraph 306K(2)(a)
Omit “a copy of”.
122 Subparagraph 306K(2)(a)(i)
After “inactive”, insert “migration”.
123 Subparagraph 306K(2)(a)(ii)
After “registered”, insert “migration”.
124 Paragraph 306K(2)(b)
After “deceased”, insert “migration”.
125 Paragraph 306K(2)(c)
Repeal the paragraph, substitute:
(c) give the document to:
(i) the client; or
(ii) if the client has, by written notice given to the Authority,
nominated a person to receive such documents—that person; and
126 Paragraph 306K(2)(d)
After “registered”, insert “migration”.
127 Subsection 308(1)
After “registered”, insert “migration”.
Note: The heading to section 308 is altered by
inserting “migration” after
“registered”.
128 Paragraph 308(1)(b)
After “individual”, insert “or
individuals”.
129 Subsection 308(2)
Repeal the subsection, substitute:
(2) If a registered migration agent appears before one individual to
answer questions, that individual must record the questions and answers and give
the record to the Authority.
(2A) If a registered migration agent appears before 2 or more individuals
to answer questions, one of them must record the questions and answers and give
the record to the Authority.
130 Subsection 308(3)
After “registered”, insert “migration”.
131 Subsection 308(4)
After “registered”, insert “migration”.
132 Subsection 309(1)
Omit “the Board”, substitute “it”.
133 Subsection 309(2)
Omit “the cancellation or suspension of a registered agent’s
registration, or the cautioning of the agent,”, substitute “making a
decision under section 303 to cancel or suspend a registered migration
agent’s registration, or to caution such an agent,”.
134 Division 4A of Part 3
(heading)
Repeal the heading, substitute:
135 Subsection 311A(1)
After “registered” (wherever occurring), insert
“migration”.
Note: The heading to section 311A is altered by
inserting “migration” after “former
registered”.
136 Subsection 311A(1) (note)
After “registered”, insert “migration”.
137 Sections 311B and 311C
Repeal the sections, substitute:
Notice to former agent
(1) The Migration Agents Registration Authority must give a former
registered migration agent written notice of a decision made under
section 311A in relation to the former agent.
(2) The notice must set out the reasons for the decision and the period
that the former agent is barred from being a registered migration
agent.
When decision takes effect
(3) The decision takes effect at the time the former agent is given
written notice of it.
Note: Section 332H sets out when the former agent is
taken to have been given the notice.
No application for review
(1) If, within 28 days after a former registered migration agent is given
notice of a decision under section 311A, the former agent has not applied
for:
(a) review of the decision under the Administrative Appeals Tribunal
Act 1975; or
(b) judicial review of the decision;
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that sets out the decision and
specifies the grounds for the decision; and
(d) the Authority may prepare a statement about the decision and make it
available to one or more groups of persons, or to one or more persons, in any
way the Authority thinks fit.
Application for review
(2) If:
(a) within 28 days after a former registered migration agent is given
notice of a decision (the initial decision) under
section 311A, the former agent applies for review of the initial decision
under the Administrative Appeals Tribunal Act 1975 or for judicial review
of the initial decision; and
(b) at the end of all the proceedings (including any appeals) resulting
from the application, there is a decision (the final decision) to
bar the former agent from being a registered migration agent for a period (which
may be the initial decision);
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that sets out the final
decision and specifies the grounds for the final decision; and
(d) the Authority may prepare a statement about the final decision and
make it available to one or more groups of persons, or to one or more persons,
in any way the Authority thinks fit.
Content of statement
(3) A statement under this section 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.
Protection from civil proceedings
(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
138 Subsection 311D(1)
After “registered”, insert “migration”.
Note: The heading to section 311D is altered by
inserting “migration” after
“registered”.
139 At the end of subsection
311D(1)
Add:
Note: Section 332H sets out when the former agent is
taken to have been given the notice.
140 Paragraph 311D(4)(b)
After “registered”, insert “migration”.
141 After section 311E
Insert:
(1) This section applies if the Migration Agents Registration Authority is
considering making a decision under section 311A to bar a former registered
migration agent from being a registered migration agent for a period.
(2) The Authority may, by written notice given to the former agent,
require him or her to provide the Authority with prescribed information or
prescribed documents within the specified period and in the specified
manner.
(3) A period specified in a notice under this section must end at least 14
days after the notice was given.
Note: Section 332H sets out when the former agent is
taken to have been given the notice.
Offence
(4) A person commits an offence if:
(a) the person is subject to a requirement under this section;
and
(b) the person contravenes the requirement.
Penalty: 60 penalty units.
(5) An offence against subsection (4) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Self-incrimination
(6) A person is not excused from giving information or providing a
document on the ground that the information or provision of the document may
tend to incriminate the person.
(7) However:
(a) any information or document provided in response to a requirement
under subsection (2); and
(b) any information or thing (including any document) obtained as a direct
or indirect result of information or a document provided in response to a
requirement under subsection (2);
is not admissible in evidence against the person in any criminal
proceedings (except proceedings for an offence against section 137.1 or
137.2 of the Criminal Code that relates to this Act or the
regulations).
142 At the end of Division 4A of
Part 3
Add:
In this Subdivision:
mandatory decision means a decision of the Migration Agents
Registration Authority under section 311L.
referral decision means a decision of the Minister under
section 311H.
The Minister may refer a former registered migration agent to the
Migration Agents Registration Authority for disciplinary action if, in relation
to his or her provision of immigration assistance while he or she was a
registered migration agent, he or she had a high visa refusal rate in relation
to a visa of a particular class.
Note 1: If the Minister is considering doing so, the
Minister must invite the former agent to make a submission on the matter and
must consider any submission that is made: see
section 311J.
Note 2: If the Minister does refer a former agent, the
Authority must discipline the former agent: see
section 311L.
Note 3: The Minister’s decision is reviewable by the
Administrative Appeals Tribunal: see section 311M.
(1) If the Minister is considering referring a former registered migration
agent to the Migration Agents Registration Authority for disciplinary action,
the Minister must give the former agent a written notice:
(a) stating that the Minister is considering making such a decision and
the reasons for it; and
(b) inviting the former agent to make a written submission to the
Minister:
(i) on the reasons for the former agent having a high visa refusal rate in
relation to the class of visa concerned; and
(ii) on any other matter the former agent considers relevant;
and
(c) stating that any submission must be made within the period (the
objection period) of 14 days after the notice is given.
Extension
(2) Before the end of the objection period, the former agent may, by
notice in writing, request an extension of that period.
(3) The Minister must grant an extension of 14 days if the notice contains
reasons for the request.
Minister to consider any submission
(4) The Minister must consider any written submission received within the
objection period (or that period as extended).
Notice to Migration Agents Registration Authority
(1) The Minister must give the Migration Agents Registration Authority
written notice of a decision to refer a former registered migration agent to the
Authority for disciplinary action.
(2) The notice must be given to the Authority by one of the methods
specified in section 494B. The notice must specify the grounds for the
referral.
Notice to former agent
(3) The Minister must give the former registered migration agent written
notice of the decision to refer him or her to the Authority for disciplinary
action.
(4) The notice must be given to the former agent on the same day that
notice of the referral is given to the Authority.
(5) The notice given to the former agent must set out the grounds for the
referral.
(1) If the Minister refers a former registered migration agent to the
Migration Agents Registration Authority for disciplinary action, the Authority
must:
(a) if, while the former agent was a registered migration agent, his or
her registration was not suspended under section 306AG—bar him or her
from being a registered migration agent for 12 months starting on the day that
the Authority’s decision takes effect; or
(b) if, while the former agent was a registered migration agent, his or
her registration was suspended under that section—bar him or her from
being a registered migration agent for 5 years starting on the day that the
Authority’s decision takes effect.
Time of decision
(2) The Authority must make its decision as soon as possible, but not
later than 7 days, after receiving notice of the referral.
Note: Section 494C sets out when the Authority is taken
to have received notice of the referral.
Notice to agent
(3) The Authority must give the former agent written notice of its
decision.
(4) The decision takes effect at the time the former agent is given
written notice of it.
Note: Section 332H sets out when the former agent is
taken to have been given the notice.
Section subject to section 311N
(5) This section has effect subject to section 311N.
An application may be made to the Administrative Appeals Tribunal for
review of a referral decision.
(1) If:
(a) an application is made to the Administrative Appeals Tribunal for
review of a referral decision; or
(b) an application is made to a court for judicial review of a referral
decision;
then, in relation to those proceedings or any proceedings on appeal
resulting from the application, the Tribunal or a court may make such orders
(including stay orders) as it thinks fit in relation to the mandatory decision
that was made as a result of the referral decision.
Orders binding the Migration Agents Registration Authority
(2) However, the Tribunal or a court cannot make an order binding the
Migration Agents Registration Authority unless the Authority has been accorded
procedural fairness in relation to the making of the order.
No application for review
(1) If, within 28 days after a former registered migration agent is given
written notice of a referral decision, the former agent has not applied
for:
(a) review of the referral decision under the Administrative Appeals
Tribunal Act 1975; or
(b) judicial review of the referral decision;
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that:
(i) sets out the referral decision and specifies the grounds for the
referral decision; and
(ii) sets out the mandatory decision that was made as a result of the
referral decision; and
(d) the Authority may prepare a statement about the referral decision and
the mandatory decision and make it available to one or more groups of persons,
or to one or more persons, in any way the Authority thinks fit.
Application for review
(2) If:
(a) within 28 days after a former registered migration agent is given
written notice of a referral decision, the former agent applies for review of
the referral decision under the Administrative Appeals Tribunal Act 1975
or for judicial review of the referral decision; and
(b) at the end of all the proceedings (including any appeals) resulting
from the application, there is a decision (the final decision) to
bar the former agent from being a registered migration agent for a period (which
may be the mandatory decision that was made as a result of the referral
decision);
then:
(c) the Migration Agents Registration Authority must as soon as possible
make available in the prescribed way a statement that:
(i) sets out the referral decision and specifies the grounds for the
referral decision; and
(ii) sets out the final decision; and
(d) the Authority may prepare a statement about the referral decision and
the final decision and make it available to one or more groups of persons, or to
one or more persons, in any way the Authority thinks fit.
Content of statement
(3) A statement under this section 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.
Protection from civil proceedings
(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
143 Division 5 of Part 3
(heading)
Repeal the heading, substitute:
144 Subsection 312(1)
After “registered”, insert “migration”.
145 Subsection 312(1)
Omit “as soon as is reasonably possible”, substitute “in
writing within 14 days”.
146 After paragraph 312(1)(e)
Insert:
(ea) if he or she paid, in relation to his or her current period of
registration, the charge payable under regulation 5 of the Migration Agents
Registration Application Charge Regulations 1998—he or she begins to
give immigration assistance:
(i) on a commercial, or for-profit, basis; or
(ii) as a member of, or a person associated with, an organisation that
operates on a commercial, or for-profit, basis;
147 After paragraph 312(1)(f)
Insert:
(fa) he or she becomes a member of a partnership and will give immigration
assistance in that capacity;
148 At the end of
section 312
Add:
(3) The day on which the event mentioned in paragraph (1)(ea) occurs
is to be worked out in accordance with the Migration Agents Registration
Application Charge Regulations 1998.
149 After section 312
Insert:
(1) If a registered migration agent gives immigration assistance to a visa
applicant in relation to the visa application, the agent must notify the
Department in accordance with the regulations and within the period worked out
in accordance with the regulations.
Penalty: 60 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) If a registered migration agent gives immigration assistance to a
person in respect of a review application made by the person, the agent must
notify the review authority concerned in accordance with the regulations and
within the period worked out in accordance with the regulations.
Penalty: 60 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) In this section:
review application means an application for review by a
review authority of a decision to refuse to grant a person a visa.
150 Subsection 313(1A)
Repeal the subsection.
151 Subsection 313(1)
After “registered”, insert “migration”.
152 Subsection 313(1)
Omit “an assisted person”, substitute “another person
(the assisted person)”.
153 Paragraph 313(3)(a)
After “registered”, insert “migration”.
154 Paragraph 313(3)(c)
Omit “28 days after a final decision is made about the visa
application, cancellation review application, nomination or sponsorship that the
immigration assistance related to”, substitute “the period worked
out in accordance with the regulations”.
155 Subsection 314(2)
After “registered”, insert “migration”.
156 Subsection 316(1)
After “registered” (wherever occurring), insert
“migration”.
157 Subsection 316(1A)
After “registered”, insert “migration”.
158 Subsection 316(1B)
After “registered” (wherever occurring), insert
“migration”.
159 Section 318
After “registered”, insert “migration”.
160 Subsection 319(1)
After “registered” (wherever occurring), insert
“migration”.
161 Subsection 319(2)
After “registered”, insert “migration”.
Note: The heading to subsection 319(2) is altered by
inserting “migration” after
“registered”.
162 Subsection 319(2) (note)
After “registered” (wherever occurring), insert
“migration”.
163 Subsection 319(3)
After “registered”, insert “migration”.
Note: The heading to subsection 319(3) is altered by
inserting “migration” after
“registered”.
164 Subsection 319(3) (note)
After “registered” (wherever occurring), insert
“migration”.
165 After section 319
Insert:
(1) While the Institute is appointed under section 315, the Institute
may, by writing, delegate any or all of the Migration Agents Registration
Authority’s functions or powers under this Part to:
(a) a committee of the Institute; or
(b) an officer of the Institute; or
(c) an employee of the Institute.
Directions
(2) In performing a delegated function or exercising a delegated power, a
delegate must comply with any written directions given by the
Institute.
How committee to perform function or exercise power
(3) A function or power so delegated to a committee may be performed or
exercised by a majority of the members of the committee and may not otherwise be
performed or exercised under the delegation.
Note: The heading to section 320 is altered by omitting
“Delegation of” and substituting “Minister may
delegate”.
166 After section 321
Insert:
(1) The Migration Agents Registration Authority may disclose personal
information about a registered migration agent, or an inactive migration agent,
to any of the following (the recipient):
(a) the Secretary or an authorised officer;
(b) a review authority.
(2) However, the Authority may do so only in the prescribed
circumstances.
(3) The regulations may prescribe circumstances in which the recipient may
use or disclose personal information disclosed under
subsection (1).
(4) In this section:
inactive migration agent has the meaning given by
section 306B.
personal information has the same meaning as in the
Privacy Act 1988.
167 Division 6A of Part 3
(heading)
Repeal the heading, substitute:
168 Section 332A
Repeal the section, substitute:
When charge due and payable
(1) Registration status charge is due and payable at the time worked out
in accordance with a written determination made by the Migration Agents
Registration Authority.
Disallowable instrument
(2) A determination under subsection (1) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act
1901.
Recovery of charge
(3) Registration status charge that has become due for payment may be
recovered by the Migration Agents Registration Authority, on behalf of the
Commonwealth, as a debt due to the Commonwealth.
169 After subsection 332B(1)
Insert:
(1A) There is payable to the Institute out of the Consolidated Revenue
Fund an amount equal to the sum of registration status charges collected
(including amounts recovered under section 332A) while an instrument under
section 315 appointing the Institute is in force.
170 At the end of Part 3
Add:
(1) The Migration Agents Registration Authority must remove any of the
following details that are made available by electronic means under this
Part:
(a) any statement relating to the cancellation or suspension of a
registered migration agent’s registration;
(b) any statement about the cautioning of such an agent.
Time for removal
(2) The Authority must remove the details within the period worked out in
accordance with the regulations.
(3) The regulations may prescribe different periods in relation to details
about cancellations, suspensions or cautions.
(1) The Migration Agents Registration Authority must remove any statement
that is made available by electronic means under section 311C or
311P.
(2) The Authority must remove the statement within the period worked out
in accordance with the regulations.
Complaints about registered migration agents
(1) No action or other proceeding for damages lies against a person in
respect of loss, damage or injury of any kind suffered by another person because
of any of the following acts done in good faith:
(a) the making of a complaint to the Migration Agents Registration
Authority in relation to the provision of immigration assistance by a registered
migration agent;
(b) the making of a statement to, or the giving of a document or
information to, the Authority in connection with the investigation of such a
complaint.
Complaints about persons who are not registered migration
agents
(2) No action or other proceeding for damages lies against a person in
respect of loss, damage or injury of any kind suffered by another person because
of any of the following acts done in good faith:
(a) the making of a complaint to the Department in relation to the
provision of immigration assistance by a person who is not a registered
migration agent;
(b) the making of a statement to, or the giving of a document or
information to, the Department in connection with the investigation of such a
complaint;
(c) the investigation of such a complaint.
Institute etc.
(3) The Institute, or an officer or employee of the Institute, is not
liable to an action or other proceeding for damages for or in relation to any of
the following acts done in good faith:
(a) the performance or purported performance of any function conferred on
the Migration Agents Registration Authority under this Part;
(b) the exercise or purported exercise of any power conferred on the
Authority under this Part.
Commonwealth etc.
(4) None of the following:
(a) the Commonwealth;
(b) the Minister;
(c) an officer;
(d) any other person;
is liable to an action or other proceeding for damages for or in relation
to any of the following acts done in good faith:
(e) the performance or purported performance of any function conferred on
the Minister under this Part;
(f) the exercise or purported exercise of any power conferred on the
Minister under this Part.
(1) The Secretary may disclose personal information about a registered
migration agent, or an inactive migration agent, to a review
authority.
(2) However, the Secretary may do so only in the prescribed
circumstances.
(3) The regulations may prescribe circumstances in which the review
authority may use or disclose personal information disclosed under
subsection (1).
(4) In this section:
inactive migration agent has the meaning given by
section 306B.
personal information has the same meaning as in the
Privacy Act 1988.
Discretionary disclosure
(1) A review authority may disclose personal information about a
registered migration agent, or an inactive migration agent, to the Secretary or
an authorised officer.
(2) However, a review authority may do so only in the prescribed
circumstances.
(3) The regulations may prescribe circumstances in which the Secretary or
authorised officer may use or disclose personal information disclosed under
subsection (1).
Mandatory disclosure
(4) If a registered migration agent notifies a review authority that the
agent has given immigration assistance to a person in respect of a review
application made by the person, the review authority must notify the Department,
in accordance with the regulations, that the agent has given immigration
assistance to the person in respect of the review application.
Definitions
(5) In this section:
inactive migration agent has the meaning given by
section 306B.
personal information has the same meaning as in the
Privacy Act 1988.
review application means an application for review by a
review authority of a decision to refuse to grant a person a visa.
(1) If a provision of this Part requires or permits the Migration Agents
Registration Authority to give a notice to a person (the
recipient):
(a) the Authority must give the notice to the recipient by 1 of the 4
methods set out in the following table; and
(b) the time at which the recipient is taken to have been given the notice
is the time set out in the table.
|
Giving of notices under this Part |
||
|---|---|---|
|
Item |
Methods of giving notices |
Timing rule |
|
1 |
Handing the notice to the recipient |
When it is handed to the recipient |
|
2 |
Handing the notice to another person who: (a) is at the last residential or business address provided to the
Authority by the recipient for the purposes of receiving notices; and (b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and (c) appears to be at least 16 years of age |
When it is handed to the other person |
|
3 |
Dating the notice, and then dispatching it: (a) within 3 working days (in the place of dispatch) of the date of the
notice; and (b) by prepaid post or by other prepaid means; and (c) to: |
(a) if the notice was dispatched from a place in Australia to an address in
Australia—7 working days (in the place of that address) after the date of
the notice; or (b) in any other case—21 days after the date of the notice |
|
4 |
Transmitting the notice by: (a) fax; or (b) e-mail; or (c) other electronic means; to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Authority by the recipient for the purposes of
receiving notices |
At the end of the day on which the notice is transmitted |
(2) This section has effect despite any provision in the Electronic
Transactions Act 1999.
171 After paragraph 504(1)(j)
Insert:
(ja) enabling a person who is alleged to have committed an offence against
subsection 280(1) to pay to the Commonwealth, as an alternative to prosecution,
a penalty of 12 penalty units; and
Part 2—Application
and transitional provisions
172 Application—relation by
employment
The amendments made by items 9 and 10 apply in relation to the
consideration of registration applications made after the commencement of those
items (regardless of whether the engagements occurred before or after that
commencement).
173 Application—infringement
notices
The amendments made by items 13 and 171 apply in relation to all
offences (whether alleged to have been committed before or after those items
commence) in respect of which no penalty has been imposed at the time of that
commencement.
174 Application—removal of disciplinary
details
The amendment made by item 39 applies in relation to details entered
on the Register either before or after the commencement of that item.
175 Transitional—removal of disciplinary
details
(1) This item applies in relation to:
(a) particulars of a caution given to a registered migration agent that
had been on the Register for at least 12 months before the commencement of this
item; and
(b) particulars of a suspension of a registered migration agent’s
registration that had been on the Register for at least 5 years before the
commencement of this item.
(2) The Migration Agents Registration Authority must remove the particulars
from the Register within 28 days after the commencement of this item.
176 Application—withdrawal of
applications
Subsection 288(7) of the Migration Act 1958, as inserted by
item 40, applies in relation to registration applications made either
before or after the commencement of that item.
177 Application—statutory declarations and
answering of questions
Section 288B of the Migration Act 1958, as inserted by
item 40, applies in relation to registration applications made after the
commencement of that item.
178 Application—registration
requirements
The amendments made by items 47 and 48 apply in relation to
registration applications made after the commencement of those items (regardless
of whether the previous registration occurred before or after that
commencement).
179 Application—disciplinary
action
The amendments made by items 49 and 50 apply in relation to the
consideration of registration applications made either before or after the
commencement of those items (regardless of whether the disciplinary action
occurred before or after that commencement).
180 Application—cautions
The amendment made by item 71 applies in relation to cautions given
after the commencement of that item.
181 Application—disciplinary
decisions
The amendments made by items 72, 74 and 137 apply in relation to
decisions made after the commencement of those items.
182 Application—informing clients about
disciplinary decisions
Section 305B of the Migration Act 1958, as inserted by
item 73, applies in relation to decisions made either before or after the
commencement of that item.
183 Application—high visa refusal
rates
The amendments made by items 75 and 142 apply in relation to
applications for visas, or applications for review, made after the commencement
of those items.
184 Application—production of
documents
The amendments made by items 104, 108, 109, 112, 113, 116, 117, 119,
121 and 125 apply in relation to documents created either before or after the
commencement of those items.
185 Application—failure to comply with
notice
The amendments made by items 115 and 116 apply in relation to notices
given after the commencement of those items.
186 Application—notification
obligations
The amendment made by item 145 applies in relation to events occurring
after the commencement of that item.
187 Application—notification of giving of
immigration assistance
The amendment made by item 149 applies in relation to applications for
visas, or applications for review, made after the commencement of that
item.
188 Application—disclosure of personal
information
(1) The amendment made by item 166 applies in relation to information
obtained either before or after the commencement of that item.
(2) Sections 332F and 332G of the Migration Act 1958, as
inserted by item 170, apply in relation to information obtained either
before or after the commencement of that item.
189 Application—removal of disciplinary
details
Sections 332C and 332D of the Migration Act 1958, as inserted
by item 170, apply in relation to details made available by electronic
means either before or after the commencement of that item.
190 Application—protection from civil
proceedings
Section 332E of the Migration Act 1958, as inserted by
item 170, applies in relation to acts done after the commencement of that
item.
191 Application—giving of
notices
Section 332H of the Migration Act 1958, as inserted by
item 170, applies in relation to notices given after the commencement of
that item.