Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Migration Agents Regulations 1998
1 In the appropriate position in Part 5
Insert:
In this Division:
"amending Regulations " means the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 .
16 Operation of amendments of regulation 3XA
The amendments of regulation 3XA of these Regulations made by Schedule 6 to the amending Regulations apply in relation to applications for repeat registration made on or after 18 April 2017.
17 Operation of amendments of Divisions 2.1 and 2.2 of Part 2
The amendments of Divisions 2.1 and 2.2 of Part 2 of these Regulations made by Schedule 5 to the amending Regulations apply in relation to assistance given, and representations made, on or after 18 April 2017.
18 Operation of amendment of clause 2.1A of Code of Conduct
The amendment of clause 2.1A of Schedule 2 to these Regulations made by Schedule 5 to the amending Regulations applies in relation to accepting a person as a client on or after 18 April 2017.
19 Operation of clauses 8.3A and 8.3B of Code of Conduct
(1) Clause 8.3A of Schedule 2 to these Regulations, as inserted by Schedule 5 to the amending Regulations, applies in relation to assistance given on or after 18 April 2017.
(2) Clause 8.3B of Schedule 2 to these Regulations, as inserted by Schedule 5 to the amending Regulations, applies in relation to representations made on or after 18 April 2017.
2 Regulation 15
Insert:
"approved activity " means an approved activity within the meaning of these Regulations as in force immediately before 1 January 2018.
"approved provider " means an approved provider within the meaning of these Regulations as in force immediately before 1 January 2018.
3 At the end of Division 4 of Part 5
Add:
20 Transition from approved activities to CPD activities
(1) A person who provides an approved activity must ensure that registered migration agents who commence the activity are able to complete it before 1 January 2018.
(2) In working out on or after 1 January 2018 whether an applicant has met the requirements in subregulation 6(1) as amended by Part 2 of Schedule 4 to the amending Regulations, points for an approved activity completed by the applicant before 1 January 2018, and not counted for the purposes of deciding any previous application, may be counted.
(3) A person who is approved as a CPD provider must not conduct CPD activities before 1 January 2018.
(4) The amendments of regulation 6 made by Part 2 of Schedule 4 to the amending Regulations apply in relation to CPD activities conducted on or after 1 January 2018.
21 Transition from approved providers to CPD providers
To avoid doubt, a person (including a person who is or was an approved provider) is not a CPD provider for the purposes of these Regulations unless the person is approved as a CPD provider under Part 3C of these Regulations on or after 1 October 2017 and the approval is in effect.
22 Approval as CPD provider before 1 January 2018
Despite subregulation 9R(1), any approval of a person as a CPD provider before 1 January 2018 takes effect on 1 January 2018.
4 In the appropriate position in Schedule 13
Insert:
Part 62 -- Amendments made by the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017
(1) The amendments of item 1216 of Schedule 1 to these Regulations made by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to the following:
(a) an application for a visa which, in accordance with subregulation (2), is taken to have been made before 18 April 2017;
(b) an application for a visa made on or after 18 April 2017.
(2) If:
(a) before 18 April 2017, an applicant (the child ) made or purported to make an application for a visa on the basis that clause 159.311 of Schedule 2 is satisfied in relation to another applicant whose application was covered by paragraph 1216(3A)(a) or (b) of Schedule 1; and
(b) clause 159.311 of Schedule 2 would not be satisfied only because the child's application could not be combined with the application made by the other applicant as referred to in paragraph 1216(3B)(c) as in force at the time the child's application was made or purportedly made; and
(c) had the child's application been made on 18 April 2017, it could have been combined with the application made by the other applicant as referred to in paragraph 1216(3B)(ca) as inserted by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 ;
the child's application is taken to have been made at the same time and place as, and combined with, the application made by the other applicant.
(1) The amendments of clauses 785.511 and 790.511 of Schedule 2 to these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to visas granted before, on or after 18 April 2017.
(2) Other amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to the following:
(a) an application for a visa made before, but not finally determined by, 18 April 2017;
(b) an application for a visa made on or after 18 April 2017.