Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Migration Agents Regulations 1998
1 Regulation 3A (definition of specified application )
Repeal the definition.
2 Regulations 3C and 3D
Repeal the regulations, substitute:
3BA Specification of kinds of visas for this Division
The Minister may, by legislative instrument, specify kinds of visas for the purposes of this Division.
3C Assistance given to migrating employees
For the purposes of subsection 276(4) of the Act, a person does not give immigration assistance if the person gives assistance referred to in subsection 276(1) or (2) of the Act in these circumstances:
(a) the person is:
(i) the employer or prospective employer of the person to whom the assistance is given; or
(ii) an employee of the employer or prospective employer of the person to whom the assistance is given who is acting on the employer's behalf; and
(b) the person to whom the assistance is given is a migrating employee of the employer or prospective employer; and
(c) the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under regulation 3BA; and
(d) the assistance is given in relation to the application; and
(e) the person giving the assistance is not a registered migration agent.
3D Representations made on behalf of migrating employees
For the purposes of subsection 282(5) of the Act, a person does not make immigration representations if the person makes representations of the kind referred to in subsection 282(4) of the Act in these circumstances:
(a) the person is:
(i) the employer or prospective employer of the person on whose behalf the representations are made; or
(ii) an employee of the employer or prospective employer of the person on whose behalf the representations are made who is acting on the employer's behalf; and
(b) the person on whose behalf the representations are made is a migrating employee of the employer or prospective employer; and
(c) the migrating employee has made or intends to make an application for a kind of visa specified in an instrument made under regulation 3BA; and
(d) the representations are made in relation to the application; and
(e) the person making the representations is not a registered migration agent.
3 Regulations 3E, 3F and 3G
Repeal the regulations, substitute:
3E Definitions for Division 2.2
In this Division:
"employee " has the same meaning as in Division 2.1 (see regulation 3B).
"professional development sponsor " means an organisation that is sponsoring, or intends to sponsor, a person who is in a class of persons specified in an instrument made under regulation 3EA in relation to an application for a visa the person has made or intends to make.
3EA Specification of classes of persons for this Division
The Minister may, by legislative instrument, specify classes of persons for the purposes of this Division.
3F Assistance given to professional development applicants
For the purposes of subsection 276(4) of the Act, a person (the adviser ) does not give immigration assistance if the adviser gives assistance referred to in subsection 276(1) or (2) of the Act to another person (the applicant ) in these circumstances:
(a) the adviser is:
(i) a professional development sponsor of the applicant; or
(ii) an employee of a professional development sponsor of the applicant who is acting on the sponsor's behalf; and
(b) the applicant is in a class of persons specified in an instrument made under regulation 3EA; and
(c) the applicant has made or intends to make an application for a visa in relation to which the professional development sponsor has sponsored, or intends to sponsor, the applicant; and
(d) the assistance is given in relation to the application; and
(e) the adviser is not a registered migration agent.
3G Representations made on behalf of professional development applicants
For the purposes of subsection 282(5) of the Act, a person (the adviser ) does not make immigration representations if the adviser makes representations of the kind referred to in subsection 282(4) of the Act on behalf of another person (the applicant ) in these circumstances:
(a) the adviser is:
(i) a professional development sponsor of the applicant; or
(ii) an employee of a professional development sponsor of the applicant who is acting on the sponsor's behalf; and
(b) the applicant is in a class of persons specified in an instrument made under regulation 3EA; and
(c) the applicant has made or intends to make an application for a visa in relation to which the professional development sponsor has sponsored, or intends to sponsor, the applicant; and
(d) the representations are made in relation to the application; and
(e) the adviser is not a registered migration agent.
4 Schedule 2 (note to Schedule heading)
Repeal the note, substitute:
Note: See regulation 8.
5 Schedule 2 (preamble to Code of Conduct)
Omit all the words from and including "THIS CODE OF CONDUCT SHOULD" to and including "QVB NSW 1230".
6 Paragraph 2.1A(c) of Schedule 2
Repeal the paragraph.
7 After clause 8.3 of Schedule 2
Insert:
8.3A A registered migration agent must ensure that, if an employee gives assistance in the circumstances mentioned in regulation 3C or 3F of the Migration Agents Regulations 1998 , the assistance is given in accordance with the standards of conduct this Code requires of a registered migration agent.
8.3B A registered migration agent must ensure that, if an employee makes representations in the circumstances mentioned in regulation 3D or 3G of the Migration Agents Regulations 1998 , the representations are made in accordance with the standards of conduct this Code requires of a registered migration agent.