Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 -- Australian legal practitioners providing immigration assistance
Migration Agents Regulations 19 98
1 Subregulation 3(1) (definition of client )
Repeal the definition.
2 Regulation 6A
Omit "lawyer who holds a current practising certificate granted under a law of a State or Territory", substitute "restricted legal practitioner".
3 Regulation 6A (note)
Repeal the note, substitute:
Note: A restricted legal practitioner must satisfy the continuing professional development requirements of the relevant legal professional association. Under section 275 of the Act, a restricted legal practitioner is defined as an Australian legal practitioner with a restricted practising certificate.
4 Subregulation 6B(1)
Omit "(1) Subject to subregulation (2), for", substitute "For the purposes of".
5 Subregulation 6B(2)
Repeal the subregulation (including the note).
6 Regulation 9
Omit "paragraphs 316(c) and (e)", substitute "paragraph 316(1)(c)".
7 Paragraph 9(a)
Omit "or lawyer".
Part 2 -- Registration requirements
Migration Agents Regulations 1998
8 Subregulation 3(1)
Omit "(1) In these Regulations:", substitute "In these Regulations:".
9 Subregulation 3(1)
Insert:
"repeat registration " : an individual applies for repeat registration if the individual:
(a) applies for registration; and
(b) has previously been registered at some time within the period of 3 years before making the application.
10 Subregulation 3(2)
Repeal the subregulation.
11 Regulation 3AA (note)
Omit "subregulation 3(1)", substitute " regulation 3".
12 After regulation 3X
Insert:
3XAA Applications--publishing requirement
For the purposes of subsection 288(2) of the Act, the prescribed period is 3 years.
13 Subregulation 3XA(1) (note)
Repeal the note.
14 Paragraph 3XA(2)(c)
Omit "begins more than 12 months", substitute "starts earlier than 3 years".
15 Regulation 3Y
Repeal the regulation, substitute:
3Y Time of registration application
(1) This regulation is made for the purposes of subsection 288(4) of the Act
(2) If a registration application is made in an approved form that is an interactive computer program, the day on which the application is taken to have been made is the day the completed application is received by the Authority.
Note: For the time of receipt of an electronic communication, see section 14A of the Electronic Transactions Act 1999 .
(3) If a registration application is made in an approved form that is a paper form, the day on which the application is taken to have been made is either:
(a) if the application is sent by pre-paid post--the day on which the application is delivered to the Authority's post office box; or
(b) the day on which a person gives the application by hand to a person employed by the Authority at an Authority office.
Note: A registration application must be made in a form approved in writi ng by the Authority (see subsection 288(3) of the Act). Under regulation 11, an approved form may be a paper form or an interactive computer program.
16 Regulation 5
Repeal the regulation, substitute:
4A Requirement to provide further information
For the purposes of paragraph 288B(2)(a) of the Act, the prescribed period is 28 days.
(1) For the purposes of paragraph 289A(1)(b) of the Act, the prescribed period is 3 years.
(2) For the purposes of paragraph 289A(2)(a) of the Act, the prescribed course is a course specified under subregulation (4).
(3) For the purposes of paragraph 289A(2)(b) of the Act:
(a) the prescribed examination is an examination specified under subregulation (4); and
(b) the Minister may, under that subregulation, specify a minimum pass mark for the examination; and
(c) the prescribed period is the period specified under that subregulation.
(4) The Minister may, by legislative instrument, specify a matter for the purposes of subregulation (2) or (3).
Note: The instrument may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901 , as applied by subsection 13(1) of the Legislation Act 2003 ). For example, the instrument could specify different examinations for different classes of persons.
17 Before subregulation 6(1)
Insert:
(1A) For the purposes of subsection 290A(1) of the Act, the prescribed period is 3 years.
Note: The effect of subsection 290A(1) of the Act, combined with this subregulation, is that section 290A of the Act (which relates to continuing professional development requirements) applies to applicants for repeat registration as defined in regulation 3 of this instrument.
18 Subregulation 6(1)
Omit "section 290A", substitute "subsection 290A(2)".
Part 3 -- Redundant provisions
Migration Agents Regulations 1998
19 Paragraph 3V(e)
Omit ", 306AG or 306AGAC".
20 Subregulation 7(1)
Omit "paragraphs 305A(1)(a) and 306AL(1)(a)", substitute "paragraph 305A(1)(a)".
21 Subregulation 7B(1)
Omit "sections 306AA and 306AK", substitute "section 306AA".
22 Regulations 7C and 7D
Repeal the regulations.
23 Subregulation 7E(1)
Omit "paragraphs 311C(1)(a) and 311P(1)(a)", substitute "paragraph 311C(1)(a)".
24 Paragraph 9(c)
Repeal the paragraph.
25 Regulation 9 (note 1)
Repeal the note.
26 Regulation 9 (note 2)
Omit "Note 2", substitute "Note".
27 Clause 2.17 of Schedule 2 (note)
Repeal the note.
Migration Agents Regulations 1998
28 In the appropriate position in Part 5
Insert:
In this Division:
"amending Regulations " means the Migration Agents Amendment (Regulation of Migration Agents) Regulations 2020 .
25 Operation of amendments relating to registration of migration agents--general
The amendments of these Regulations made by Part 2 of Schedule 1 to the amending Regulations apply in relation to a registration application made on or after the commencement of that Part.