Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGULATIONS 1992 NO. 292

STATUTORY RULES 1992 No. 292

Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs

Migration Act 1958

Migration Agents Regulations

Section 181 of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. In addition section 114ZR of the Act enables regulations to be made prescribing a Code of Conduct for Migration Agents.

The purpose of the Regulations is to make a new set of regulations called the Migration Agents Regulations which:

(i)        prescribe qualifications which, if held by a person, may enable the person to be registered as a migration agent;

(ii)       prescribe the institutions from which certain of those qualifications must be obtained; and

(iii)       include a Code of Conduct for Migration Agents. The Code is intended to regulate the conduct of persons acting as Migration Agents. It is not exhaustive. It provides a duty for Agents to act in the lawful interests of their clients. It is not intended to displace any right a person may have under common or statute law to take action under that law in relation to a matter covered by the Code.

Details of the Regulations are as follows:

•       regulation 1 provides for the Regulations to be cited as the Migration Agents Regulations;

•       regulation 2 provides for these Regulations to commence on 21 September 1992 which is the date of commencement of the amendments to the Migration Act relating to Migration Agents;

•       regulation 3 defines "prescribed institution" and "the Act" for the purposes of these Regulations;

•       regulation 4 prescribes qualifications for the purposes of paragraph 114T(1)(f) of the Act;

•       regulation 5 and the Schedule set out the Code of Conduct for Migration Agents for the purposes of subsection 114ZR(1) of the Act.