Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGULATIONS (AMENDMENT) 1997 NO. 138

STATUTORY RULES 1997 No. 138

Issued by the authority of the Minister for Immigration and Multicultural Affairs

Migration Act 1958

Migration Agents Regulations (Amendment)

Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Without limiting the generality of section 504, section 314 of the Act enables the regulations to prescribe a Code of Conduct for migration agents.

The purpose of the Regulations is to amend the Migration Agents Regulations to include, for the benefit of Migration Agents advising clients, references to the visa application charge which commenced operation on 1 May 1997.

Details of the Regulations are as follows:

Regulation 1 - Commencement

This regulation provides for the regulations to commence on 1 July 1997.

Regulation 2 - Amendment

This regulation provides for the Migration Agents Regulations to be amended as set out in these Regulations.

Regulation 3 - Schedule (Code of Conduct)

Subregulation 3.1 amends clause 19 of the Migration Agents Code of Conduct which is the Schedule to the Migration Agents Regulations. In addition to fees, Migration Agents must have regard to the correct amount of any visa application charge or any other charges and to accurately inform their clients of such charges. Clause 19 has also been redrafted using plain English so that it is easier to understand.

The Regulations commence on 1 July 1997.