Migration Agents Amendment Regulations 2003 (No. 1) (Cth)

Migration Agents Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 922

I, GUY STEPHEN MONTAGUE GREEN, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 15 May 2003

G. S. M. GREEN

Administrator

By His Excellency’s Command

GARY HARDGRAVE

Minister for Citizenship and Multicultural Affairs

1Name of Regulations

These Regulations are the Migration Agents Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on 1 July 2003.

3Amendment of Migration Agents Regulations 1998

Schedule 1 amends the Migration Agents Regulations 1998.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 3, definition of approved activity

omit

Minister

insert

Authority

[2]Part 2, heading

substitute

Part 2Immigration assistance given by persons not registered

Division 2.1Assistance given by employers and their employees

[3]Regulation 3A, heading

substitute

3ADefinitions for Division 2.1

[4]Regulation 3A

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1. (1)

   In this Part:

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In this Division:

[5]Regulation 3B

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Part,

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Division,

[6]After regulation 3D

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Division 2.2Assistance given by professional development sponsors

3EDefinitions for Division 2.2

In this Division:

applicant means a person who is seeking to satisfy, or intends to seek to satisfy, the criteria for the grant of a Subclass 470 (Professional Development) visa.

professional development sponsor means an organisation that is sponsoring, or intends to sponsor, an applicant in relation to his or her application for a Subclass 470 (Professional Development) visa.

3FAssistance given by sponsors

1. (1)

   For subregulation (2), the relevant circumstances are that a professional development sponsor gives assistance of the kind mentioned in subsection 276 (1) or (2) of the Act to an applicant in relation to a Subclass 470 (Professional Development) visa.

2. (2)

   For subsection 276 (4) of the Act:

   1. (a)

      a professional development sponsor in the relevant circumstances does not give immigration assistance; and

   2. (b)

      an employee of a professional development sponsor who acts on behalf of the sponsor in the relevant circumstances does not give immigration assistance.

3GRepresentations made by sponsors

1. (1)

   For subregulation (2), the relevant circumstances are that a professional development sponsor makes representations of the kind mentioned in subsection 282 (4) of the Act on behalf of an applicant in relation to a Subclass 470 (Professional Development) visa.

2. (2)

   For subsection 282 (5) of the Act:

   1. (a)

      a professional development sponsor in the relevant circumstances does not make immigration representations; and

   2. (b)

      an employee of a professional development sponsor who acts on behalf of the sponsor in the relevant circumstances does not make immigration representations.

[7]Regulation 6A, heading

substitute

6AApproved activities — assessment by Authority

[8]Subregulation 6A (1)

substitute

1. (1)

   The Authority may assess an activity to decide whether to specify it as an approved activity.

[9]Subregulation 6A (4)

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$33.

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$99.

[10]Schedule 1, subclause 3 (1)

substitute

1. (1)

   The Authority may specify approved activities by notice published on its website.

Note Paper copies of the notice are available from the Authority on request.

[11]Schedule 1, subclause 3A (1)

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Minister

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Authority

[12]Schedule 1, paragraph 3A (1) (a)

substitute

1. (a)

   whether it is satisfied that:

   1. (i)

      the activity will help improve each participant’s professionalism as a migration agent, including the participant’s knowledge of migration procedures, professional ethics and relevant skills; and

   2. (ii)

      the activity provider has a way of ensuring that the activity will achieve the outcome mentioned in subparagraph (i); and

   3. (iii)

      the delivery of the activity is focussed on the achievement of the outcome mentioned in subparagraph (i); and

Notes

1. These Regulations amend Statutory Rules 1998 No. 53, as amended by 1999 No. 69; 2000 Nos. 64 and 309; 2001 No. 143; 2002 Nos. 229 and 346.

2. Notified in the Commonwealth of Australia Gazette