Migration Agents Amendment Regulations 2004 (No. 1) (Cth)

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Migration Agents Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 1292

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 10 June 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

GARY HARDGRAVE

Minister for Citizenship and Multicultural Affairs

1Name of Regulations

These Regulations are the Migration Agents Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on the commencement of Schedule 1 to the Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004.

3Amendment of Migration Agents Regulations 1998

Schedule 1 amends the Migration Agents Regulations 1998.

Schedule 1Amendments

(regulation 3)

[1]After Division 2.2

insert

Division 2.3Assistance given by other persons

3HAssistance given by close family members

For the definition of close family member in subsection 280 (7) of the Act, close family member, in relation to a person, means:

  1. (a)

    the person’s spouse; or

  2. (b)

    a child, adopted child, parent, brother or sister of the person.

    Division 2.4Infringement notices relating to giving of immigration assistance

3IDefinitions for Division 2.4

In this Division:

authorised officer includes the Secretary.

infringement notice means a notice under regulation 3J.

offence means a contravention of subsection 280 (1) of the Act.

penalty means the penalty mentioned in paragraph 504 (1) (ja) of the Act.

Note Authorised officer is defined in subsection 5 (1) of the Act.

3JWhen can an infringement notice be served?

If an authorised officer has reason to believe that a person has committed an offence, he or she may serve an infringement notice on the person in accordance with this Division.

3KWhat must an infringement notice contain?

  1. (1)

    An infringement notice must:

    1. (a)

      state the name of the authorised officer who served the notice; and

    2. (b)

      set out the day on which, or period during which, the offence is alleged to have been committed; and

    3. (c)

      give brief particulars of the alleged offence; and

    4. (d)

      set out the penalty; and

    5. (e)

      state that, if the person on whom it is served does not wish the matter to be dealt with by a court, he or she may pay that penalty within 28 days after the date of service of the notice unless the notice is withdrawn before the end of that period; and

    6. (f)

      specify where and how that penalty may be paid; and

    7. (g)

      set out the procedures relating to the withdrawal of notices and the consequences of the withdrawal of a notice.

  2. (2)

    An infringement notice may contain any other information that the authorised officer considers necessary.

3LCan the time for payment be extended?

If an infringement notice has been served on a person, an authorised officer may, if he or she is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the penalty, whether or not the period of 28 days after the date of service of the notice has expired.

3MWhat happens if the penalty is paid?

  1. (1)

    This regulation applies if the person on whom an infringement notice is served pays the penalty in relation to the alleged offence before the end of:

    1. (a)

      the period of 28 days after the date of service of the notice; or

    2. (b)

      if a further period has been allowed under regulation 3L — that further period.

  2. (2)

    Any liability of the person in relation to the alleged offence is discharged.

  3. (3)

    No further proceedings may be taken in relation to the alleged offence.

  4. (4)

    The person is not to be taken to have been convicted of the alleged offence.

  5. (5)

    However, this regulation does not apply if an infringement notice is withdrawn in accordance with regulation 3N, whether or not the penalty has been paid in accordance with subregulation (1).

3NCan an infringement notice be withdrawn?

If an infringement notice has been served on a person, an authorised officer may withdraw it by notice in writing served on the person in accordance with this Division, at any time before:

  1. (a)

    the end of 28 days after the date of service of the infringement notice; or

  2. (b)

    if a further period has been allowed under regulation 3L — the end of that further period.

3ORefund of penalty if notice withdrawn

If:

  1. (a)

    an infringement notice has been served on a person; and

  2. (b)

    the person has paid the penalty in accordance with the notice, or within any further period allowed under regulation 3L; and

  3. (c)

    the notice has been withdrawn;

an authorised officer must arrange for the refund to the person of an amount equal to the amount paid.

3PEvidence

  1. (1)

    At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating:

    1. (a)

      that the authorised officer did not allow a further period under regulation 3L for payment of the penalty set out in the notice; and

    2. (b)

      that the penalty has not been paid in accordance with the notice;

is evidence of those matters.

  1. (2)

    At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating:

    1. (a)

      that the authorised officer allowed, under regulation 3L, the further period specified in the certificate for payment of the penalty; and

    2. (b)

      that the penalty has not been paid in accordance with the notice or within the further time allowed;

is evidence of those matters.

  1. (3)

    At the hearing of a prosecution for an offence specified in an infringement notice, a certificate signed by an authorised officer and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact.

  2. (4)

    A certificate that purports to have been signed by an authorised officer is taken to have been signed by that person unless the contrary is proved.

3QCan there be more than one infringement notice for the same offence?

This Division does not prevent more than one infringement notice being served on a person for the same offence, but regulation 3M applies to the person if the person pays the penalty in accordance with one of the infringement notices.

3RWhat if payment is made by cheque?

If a cheque is offered as payment of all or part of the amount of a penalty set out in an infringement notice, payment is taken not to have been made unless the cheque is honoured upon presentation.

3SInfringement notice not compulsory

Nothing in this Division:

  1. (a)

    requires an infringement notice to be served on a person in relation to an alleged offence; or

  2. (b)

    affects the liability of a person to be prosecuted for an alleged offence if the person does not comply with an infringement notice; or

  3. (c)

    affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is not served on the person in relation to the offence; or

  4. (d)

    affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is served and withdrawn; or

  5. (e)

    limits the amount of the fine that may be imposed by a court on a person convicted of an offence.

3THow must a notice be served?

A notice to be served in accordance with this Division must be served on a person by:

  1. (a)

    giving it to the person personally; or

  2. (b)

    sending it to the person’s residential or business address last known to the authorised officer.

[2]Before regulation 4

insert in Part 3

3URelation by employment

  1. (1)

    For subsection 278 (2) of the Act, an individual is related by employment to another individual if both of them are employed by a third individual.

  2. (2)

    For subsection 278 (2) of the Act, an individual is related by employment to another individual if:

    1. (a)

      one of the individuals holds 25% or more of the shares issued by a corporation that provides immigration assistance, or services including immigration assistance; and

    2. (b)

      the other individual is employed by the corporation.

Note Immigration assistance is defined in section 276 of the Act.

  1. (3)

    For subsection 278 (2) of the Act, an individual is related by employment to another individual if:

    1. (a)

      one of the individuals holds a charge (whether fixed or floating) or a mortgage or any other form of security over some or all of the assets of a business or corporation that provides immigration assistance, or services including immigration assistance; and

    2. (b)

      the other individual is employed by the business or corporation.

Note Immigration assistance is defined in section 276 of the Act.

3VInformation on the Register of Migration Agents

For paragraph 287 (2) (i) of the Act, the following matters are prescribed:

  1. (a)

    the registered migration agent’s facsimile number;

  2. (b)

    the registered migration agent’s web site address;

  3. (c)

    the registered migration agent’s postal address;

  4. (d)

    the registered migration agent’s e-mail address;

  5. (e)

    if a decision has been made under section 303, 306AG or 306AGAC of the Act to caution the registered migration agent, or to suspend or cancel the registered migration agent’s registration:

    1. (i)

      particulars of any application for review lodged by the agent against the decision; and

    2. (ii)

      particulars of any order by the Administrative Appeals Tribunal or a court to stay the decision.

3WPublication of names of former registered migration agents

For subsection 287 (3A) of the Act:

  1. (a)

    the prescribed way is by publishing the list on the Authority’s web site; and

  2. (b)

    the prescribed period is not later than 12 months after the date of publication.

3XRemoval of disciplinary details from the Register of Migration Agents

  1. (1)

    For subsection 287 (6) of the Act, if particulars of a caution that has ceased to have effect are recorded on the Register, the Authority must remove the details from the Register not later than 14 days after the caution has ceased to have effect.

  2. (2)

    For subsection 287 (6) of the Act, if particulars of a suspension that has ceased to have effect are recorded on the Register, the Authority must remove the details from the Register not later than 14 days after the suspension has ceased to have effect.

3YTime of registration application

For subsection 288 (4) of the Act, the day on which a registration application is taken to have been made is either:

  1. (a)

    if the registration application is sent by pre-paid post — the day on which the registration application is delivered to the Authority’s post office box; or

  2. (b)

    the day on which a person gives the registration application by hand to a person employed by the Authority at an Authority office.

[3]Subregulation 4 (1)

substitute

(1) For subsections 288A (2) and (3) of the Act:

  1. (a)

    an individual; or

  2. (b)

    two or more individuals who are employees of the same employer;

must publish the notice in the way set out in this regulation.

[4]Subregulation 4 (2)

omit

individual:

insert

individual or each of the individuals:

[5]Subregulation 4 (4)

omit

agent

insert

individual or each of the individuals

[6]Subregulations 5 (1), (2) and (3)

substitute

(1) For paragraph 289A (c) of the Act:

  1. (a)

    a prescribed course is a course approved by the Authority and listed on the Authority’s web site; and

  2. (b)

    the prescribed period is the 12 month period immediately before the day on which the applicant is taken to have made the application for registration; and

  3. (c)

    a prescribed exam is an exam approved by the Authority and listed on the Authority’s web site.

  1. (2)

    For paragraph 289A (d) of the Act, a current legal practising certificate issued by an Australian body authorised by law to issue it is prescribed.

[7]Regulations 7 and 7A

substitute

7Publication of statement about a caution, or the cancellation or suspension of registration

(1) For paragraph 305A (1) (a) of the Act, the Authority must publish the statement in writing on the Authority’s web site.

  1. (2)

    For subsection 332C (2) of the Act, the Authority must remove any statement published on its web site under subregulation (1):

    1. (a)

      if a statement about any caution is published — either:

      1. (i)

        not later than 12 months after the Authority is satisfied that the agent has met any imposed conditions and the Authority has removed the caution from the Register of Migration Agents; or

      2. (ii)

        not later than 12 months after the date of expiry of the agent’s registration if the agent fails to meet any condition set for removing the caution from the Register of Migration Agents; or

      3. (iii)

        not later than 12 months after the date of expiry of the agent’s registration if no conditions have been imposed; or

    2. (b)

      if a statement about any suspension is published — not later than 5 years after the date of publication; or

    3. (c)

      if a statement about any cancellation is published — not later than 10 years after the date of publication.

7ARequiring registered migration agents to give information or documents

For subsection 305C (2) of the Act:

  1. (a)

    prescribed information, for each of the registered migration agent’s clients, or each client of the business or corporation which employs the agent, is:

    1. (i)

      the client’s contact information; and

    2. (ii)

      the departmental client number or file number; and

    3. (iii)

      the client reference number issued by the agent; and

    4. (iv)

      the client’s date of birth; and

  2. (b)

    prescribed documents are:

    1. (i)

      copies of the client files of the registered migration agent, or of the business or corporation which employs the agent, including copies of the documents described in clause 6.1 of Schedule 2; and

    2. (ii)

      copies of client ledgers, client account documents, and any other financial documents which relate to moneys paid by or owed to clients of the registered migration agent, or clients of the business or corporation which employs the agent.

7BStay orders — prescribed supervisory requirements

  1. (1)

    For sections 306AA and 306AK of the Act, the supervisory requirements mentioned in subregulations (2), (3) and (4) are prescribed.

  2. (2)

    The registered migration agent who benefits from the stay of a decision to either cancel or suspend his or her registration (the supervised agent) must be supervised by another registered migration agent (the supervising agent).

  3. (3)

    The supervising agent must not:

    1. (a)

      be the subject of a complaint in relation to which the Authority is considering the cancellation or suspension of the supervising agent’s registration, or cautioning the supervising agent, or refusing an application for registration by the supervising agent; or

    2. (b)

      be subject to any disciplinary action; or

    3. (c)

      be employed by the business or corporation that employs the supervised agent.

  4. (4)

    The supervising agent must:

    1. (a)

      meet with or telephone any new client of the supervised agent within 28 days of the supervised agent agreeing to represent the client, and explain the supervising agent’s role; and

    2. (b)

      make file notes of all meetings with any new client of the supervised agent; and

    3. (c)

      check any new visa or review application, and the client’s file, prior to lodging by the supervised agent; and

    4. (d)

      check preparations for any Administrative Appeals Tribunal, Refugee Review Tribunal or Migration Review Tribunal hearing involving the supervised agent, and attend the hearing with the supervised agent; and

    5. (e)

      work directly and regularly (at least once every 21 calendar days) with the supervised agent to ensure compliance with the Code of Conduct in Schedule 2; and

    6. (f)

      notify the Authority in writing within 14 days after agreeing to supervise the supervised agent; and

    7. (g)

      notify the Authority in writing within 14 days after ceasing to supervise the supervised agent.

7CImmigration assistance in a prescribed capacity

For subsection 306AC (4) of the Act, a registered migration agent engaged by the Department under the Immigration Advice and Application Assistance Scheme is prescribed.

7DMatters to be considered when referring to the Authority

For subsection 306AC (5) of the Act, the following matters are prescribed:

  1. (a)

    whether:

    1. (i)

      the registered migration agent’s client failed to satisfy one or more time of decision visa criteria; and

    2. (ii)

      each of those criteria would have been satisfied if the client had been assessed against the criteria at the time of application;

  2. (b)

    whether the registered migration agent’s client failed to satisfy one or more visa criteria because of changes to legislation or policy between the time of application and the time of decision;

  3. (c)

    whether the circumstances in the country of origin of a registered migration agent’s client have changed sufficiently for the client to be refused the grant of a protection visa;

  4. (d)

    whether any applications by a registered migration agent’s clients:

    1. (i)

      which were refused by the Department; and

    2. (ii)

      in relation to which that refusal has subsequently been affirmed by merits review;

have since been approved as a result of a successful application for either:

  1. (iii)

    judicial review of the decision; or

  2. (iv)

    the substitution of a more favourable decision by the Minister under section 351, 391, 417, 454 or 501J of the Act;

  1. (e)

    any other relevant matter.

7EPublication of statement about barring former agents from registration

(1) For paragraph 311C (1) (a) of the Act, the Authority must publish the statement in writing on the Authority’s web site.

  1. (2)

    For subsection 332D (2) of the Act, the Authority must remove a statement published on its web site under subregulation (1) not later than 10 years after the date of publication.

7FRequiring former registered migration agents to give information or documents

For subsection 311EA (2) of the Act:

  1. (a)

    prescribed information, for each of the registered migration agent’s clients, or each client of the business or corporation which employs the agent, is:

    1. (i)

      the client’s contact information; and

    2. (ii)

      the client reference number issued by the Department; and

    3. (iii)

      the departmental client number or file number; and

    4. (iv)

      the client’s date of birth; and

  2. (b)

    prescribed documents are:

    1. (i)

      copies of the client files of the registered migration agent, or of the business or corporation which employs the agent, including copies of the documents described in clause 6.1 of Schedule 2; and

    2. (ii)

      copies of client ledgers, client account documents, and any other financial documents which relate to moneys paid by or owed to clients of the registered migration agent, or clients of the business or corporation which employs the agent.

7GMethod of notification of giving of immigration assistance to visa applicants

  1. (1)

    For section 312A of the Act, the registered migration agent must notify the Department by:

    1. (a)

      sending a completed Form 956 to the Department; or

    2. (b)

      sending a letter to the Department that:

      1. (i)

        is dated; and

      2. (ii)

        is signed by the agent; and

      3. (iii)

        includes the name of the visa applicant; and

      4. (iv)

        includes the visa applicant’s departmental client number or file number (if known); and

      5. (v)

        includes the agent’s Migration Agent Registration Number; or

    3. (c)

      completing the ‘Migration Agent’s Details’ section of a visa application form.

  2. (2)

    The registered migration agent must notify the Department in relation to subregulation (1), either:

    1. (a)

      at the time of lodging the applicant’s visa application with the Department; or

    2. (b)

      if the visa application has already been lodged — not later than 28 days after commencing to act on behalf of the visa applicant.

7HMethod of notification of giving of immigration assistance to review applicants

  1. (1)

    For section 312B of the Act, the registered migration agent must notify the Refugee Review Tribunal or the Migration Review Tribunal by:

    1. (a)

      sending a completed approved form to the Refugee Review Tribunal or the Migration Review Tribunal; or

    2. (b)

      sending a letter to the Refugee Review Tribunal or the Migration Review Tribunal that:

      1. (i)

        is dated; and

      2. (ii)

        is signed by the agent; and

      3. (iii)

        includes the name of the review applicant; and

      4. (iv)

        includes the agent’s Migration Agent Registration Number.

  2. (2)

    The registered migration agent must notify the Refugee Review Tribunal or the Migration Review Tribunal in relation to subregulation (1):

    1. (a)

      at the time of lodging the applicant’s review application with the Refugee Review Tribunal or the Migration Review Tribunal; or

    2. (b)

      if the review application has already been lodged — not later than 28 days after commencing to act on behalf of the review applicant.

7IStatement of services

For paragraph 313 (3) (c) of the Act, the period is 28 days after the decision, in relation to the immigration assistance, is made about:

  1. (a)

    a visa application; or

  2. (b)

    a cancellation review application; or

  3. (c)

    a nomination or sponsorship application; or

  4. (d)

    a request to the Minister to exercise his or her power under section 351, 391, 417 or 454 of the Act.

[8]After regulation 9A

insert

9BDisclosure of personal information by the Authority

For subsection 321A (2) of the Act, each of the following is a prescribed circumstance:

  1. (a)

    a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  2. (b)

    a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  3. (c)

    the Minister is considering referring a registered migration agent, or an inactive migration agent, to the Authority for mandatory sanctioning;

  4. (d)

    the Department is considering making a complaint to the Authority about a registered migration agent, or an inactive migration agent;

  5. (e)

    a registered migration agent, or an inactive migration agent, has been sanctioned by the Authority;

  6. (f)

    the personal information is required to allow the Secretary, an authorised officer or a review authority to collect information about the conduct of registered migration agents, or inactive migration agents.

9CDisclosure of personal information by the Secretary

For subsection 332F (2) of the Act, each of the following is a prescribed circumstance:

  1. (a)

    a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  2. (b)

    a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  3. (c)

    the Minister is considering referring a registered migration agent, or an inactive migration agent, to the Authority for mandatory sanctioning;

  4. (d)

    the Department is considering making a complaint to the Authority about a registered migration agent, or an inactive migration agent;

  5. (e)

    a registered migration agent, or an inactive migration agent, has been sanctioned by the Authority;

  6. (f)

    the personal information is required to allow a review authority to collect information about the conduct of registered migration agents, or inactive migration agents.

9DDisclosure of personal information by a review authority

For subsection 332G (2) of the Act, each of the following is a prescribed circumstance:

  1. (a)

    a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  2. (b)

    a client of a registered migration agent, or an inactive migration agent, is currently under investigation for possible offences under the Act;

  3. (c)

    the Minister is considering referring a registered migration agent, or an inactive migration agent, to the Authority for mandatory sanctioning;

  4. (d)

    the Department is considering making a complaint to the Authority about a registered migration agent, or an inactive migration agent;

  5. (e)

    a registered migration agent, or an inactive migration agent, has been sanctioned by the Authority;

  6. (f)

    the personal information is required to allow the Secretary or an authorised officer to collect information about the conduct of registered migration agents, or inactive migration agents.

[9]Schedule 1, clause 1

substitute

1. A registered migration agent must, in the 12 months immediately before the date on which the agent applies for repeat registration, complete approved activities that have a value of at least 10 points.

1A. Any points attributed to any approved activity previously relied on by a registered migration agent for an application for repeat registration are not to be counted as part of any subsequent application.

[10]Schedule 1, paragraph 6 (e)

omit

paragraph 8 (a).

insert

clause 8;

[11]Schedule 1, after paragraph 6 (e)

insert

  1. (f)

    authorship, shared authorship or editorship of a book.

[12]Schedule 1, paragraph 7 (d)

omit

procedures.

insert

procedures; or

[13]Schedule 1, after paragraph 7 (d)

insert

  1. (e)

    the application of paragraphs (a), (b), (c) and (d) to the registered migration agent’s practice.

[14]Schedule 1, after clause 7

insert

7A. The Authority may declare that specified activities up to the value of 4 points are mandatory for:

  1. (a)

    certain registered migration agents in a particular year of registration; or

  2. (b)

    all registered migration agents in any year of registration.

7B. The Authority may declare that activities up to the value of 7 points undertaken by a registered migration agent in any year of registration must be assessable.

[15]Schedule 1, clause 8

substitute

8. A core activity may include passing an examination that demonstrates competency as a registered migration agent.

[16]Schedule 1, clause 12

omit

An agent applying for repeat registration must:

insert

A registered migration agent applying for registration, or an individual who had been registered at any time in the 12 months immediately before making an application for repeat registration, must:

[17]Schedule 2, before Part 1

omit

AGENT’S OFFICE.

insert

REGISTERED MIGRATION AGENT’S OFFICE.

[18]Schedule 2, before Part 1

omit

MIGRATION AGENT

insert

REGISTERED MIGRATION AGENT

[19]Schedule 2, clause 1.1

substitute

1.1 This Code of Conduct (the Code) is intended to regulate the conduct of registered migration agents.

[20]Schedule 2, clause 1.6

omit

warning

insert

caution

[21]Schedule 2, clause 2.3

omit

migration agent’s professionalism should

insert

registered migration agent’s professionalism must

[22]Schedule 2, clause 2.3A

omit

migration agent’s professionalism should

insert

registered migration agent’s professionalism must

[23]Schedule 2, clause 2.6

omit

should

insert

must

[24]Schedule 2, clause 2.7

omit

should

insert

must

[25]Schedule 2, clause 2.11

omit

Registered Migration Agent Number

insert

‘Migration Agents Registration Number’ or ‘MARN’

[26]Schedule 2, clause 2.12

omit

Affairs

insert

and Indigenous Affairs

[27]Schedule 2, paragraph 2.12 (c)

omit

DIMA

insert

DIMIA

[28]Schedule 2, clause 2.16

omit

should

insert

must

[29]Schedule 2, clause 2.17, at the foot

insert

Note Under section 306AC of the Act, the Minister may refer a registered migration agent to the Authority for disciplinary action if the agent has a high visa refusal rate in relation to a visa of a particular class.

[30]Schedule 2, clause 2.22

omit

[31]Schedule 2, clause 4.1

omit

should

insert

must

[32]Schedule 2, clause 5.1

omit

migration agent is expected to

insert

registered migration agent must

[33]Schedule 2, paragraph 5.3 (a)

omit

should

insert

must

[34]Schedule 2, paragraphs 5.3 (b) and (c)

omit each mention of

should,

insert

must,

[35]Schedule 2, after clause 7.1

insert

7.1A The words ‘clients’ account’ must be included in the name of the financial institution account mentioned in paragraph 7.1 (b).

[36]Schedule 2, clause 8.3

omit

agent.

insert

agent unless the assistance is permitted under section 280 of the Migration Act.

[37]Schedule 2, clause 10.4

substitute

10.4 A registered migration agent must not withhold a document that belongs to a client, as part of a claim that the agent has a right to withhold a document by a lien over it, unless the agent holds a current legal practising certificate issued by an Australian body authorised by law to issue it.

[38]Schedule 2, clause 10.6, note 1

substitute

Note 1 Only registered migration agents who hold a current legal practising certificate issued by an Australian body authorised by law to issue it are able to claim a lien on any client documents.

[39]Further amendments

Provision

omit

insert

Regulation 3, definition of approved activity

registered agents,

registered migration agents,

Part 3, heading

Migration Agents

Registered Migration Agents

Paragraph 4 (2) (d)

migration agent;

registered migration agent;

Subregulation 6 (1)

registered agents

registered migration agents

Paragraph 9 (a)

agent

registered migration agent

Regulation 9A

migration agent

registered migration agent

Paragraph 9A (c)

migration agent;

registered migration agent;

Schedule 1, subparagraph 3A (1) (a) (i)

migration agent,

registered migration agent,

Schedule 1, clause 4

migration agent

registered migration agent

Schedule 1, clause 9

an agent’s

a registered migration agent’s

Schedule 1, clause 9

migration agent.

registered migration agent.

Schedule 1, clause 11

An agent

A registered migration agent

Schedule 1, paragraph 12 (a)

Agent

agent

Schedule 1, subparagraphs 12 (a) (i) and (ii)

Agent

agent

Schedule 1, paragraph 12 (b)

Agent claims

agent claims

Schedule 1, paragraph 12 (b)

Agent by

agent by

Schedule 2, clause 1.3

migration agent

registered migration agent

Schedule 2, clause 1.9

migration agent

registered migration agent

Schedule 2, paragraph 1.10 (a)

migration agent;

registered migration agent;

Schedule 2, paragraph 1.10 (b)

migration agent

registered migration agent

Schedule 2, subparagraph 1.10 (b) (vi)

migration agent,

registered migration agent,

Schedule 2, paragraph 1.10 (c)

migration agent

registered migration agent

Schedule 2, paragraph 1.10 (d)

agents;

registered migration agents;

Schedule 2, paragraph 1.10 (e)

migration agents;

registered migration agents;

Schedule 2, paragraphs 1.10 (g) and (h)

migration agent

registered migration agent

Schedule 2, clause 1.11

migration agent.

registered migration agent.

Schedule 2, clauses 1.12 and 1.13

migration agent

registered migration agent

Schedule 2, clauses 2.1, 2.1A and 2.1B

migration agent

registered migration agent

Schedule 2, paragraph 2.1B (c)

migration agent;

registered migration agent;

Schedule 2, paragraph 2.1B (d)

migration agent.

registered migration agent.

Schedule 2, clause 2.1C

migration agent’s

registered migration agent’s

Schedule 2, clause 2.1D

migration agent

registered migration agent

Schedule 2, clause 2.2

migration agent:

registered migration agent:

Schedule 2, clauses 2.4 and 2.5

migration agent

registered migration agent

Schedule 2, clause 2.5, note

An agent

A registered migration agent

Schedule 2, clause 2.6

migration agent

registered migration agent

Schedule 2, clause 2.7

An agent

A registered migration agent

Schedule 2, clauses 2.8 and 2.9

migration agent

registered migration agent

Schedule 2, clause 2.9

an agent

a registered migration agent

Schedule 2, clause 2.10

migration agent

registered migration agent

Schedule 2, paragraph 2.10 (a)

migration agent;

registered migration agent;

Schedule 2, clause 2.11

A migration agent

A registered migration agent

Schedule 2, clauses 2.12, 2.13, 2.14, 2.14A and 2.15

migration agent

registered migration agent

Schedule 2, clause 2.15

an agent

a registered migration agent

Schedule 2, clause 2.16

migration agent

registered migration agent

Schedule 2, clause 2.17

the agent:

a registered migration agent:

Schedule 2, clauses 2.18 and 2.19

migration agent

registered migration agent

Schedule 2, clause 2.19

an agent should

a registered migration agent must

Schedule 2, clause 2.20

migration agent

registered migration agent

Schedule 2, clause 2.21

migration agent should

registered migration agent must

Schedule 2, clauses 2.23, 3.1, 3.2 and 3.2A

migration agent

registered migration agent

Schedule 2, clause 3.2A, note

migration agent,

registered migration agent,

Schedule 2, clauses 3.3 and 3.4

migration agent

registered migration agent

Schedule 2, clause 3.5

If the agent

If a registered migration agent

Schedule 2, clause 3.6

migration agent

registered migration agent

Schedule 2, Part 4, heading

agents

registered migration agents

Schedule 2, clause 4.1

migration agent must

registered migration agent must

Schedule 2, clause 4.1

another migration agent.

another registered migration agent.

Schedule 2, clause 4.2

the agent

a registered migration agent

Schedule 2, clause 4.3

migration agent

registered migration agent

Schedule 2, clause 4.4

migration agent

registered migration agent

Schedule 2, clause 4.4

another agent

another registered migration agent

Schedule 2, clause 4.5

migration agent

registered migration agent

Schedule 2, clause 4.5

agents.

registered migration agents.

Schedule 2, clause 4.6

migration agent

registered migration agent

Schedule 2, clause 4.6

another agent

another registered migration agent

Schedule 2, clause 5.2

migration agent

registered migration agent

Schedule 2, clause 5.3

migration agent:

registered migration agent:

Schedule 2, clause 5.4

migration agent should

registered migration agent must

Schedule 2, clause 5.5

migration agent

registered migration agent

Schedule 2, clauses 6.1, 6.2, 6.3 and 6.4

migration agent

registered migration agent

Schedule 2, clauses 7.1 and 7.2

migration agent

registered migration agent

Schedule 2, clause 7.3

agent

registered migration agent

Schedule 2, clauses 7.4, 7.5 and 7.6

migration agent

registered migration agent

Schedule 2, clause 7.7

migration agent,

registered migration agent,

Schedule 2, Part 8, heading

agents

registered migration agents

Schedule 2, clauses 8.1, 8.2 and 8.4

migration agent

registered migration agent

Schedule 2, clause 8.5

migration agent should

registered migration agent must

Schedule 2, clauses 9.1, 9.2 and 9.3

migration agent

registered migration agent

Schedule 2, clauses 10.1 and 10.2

migration agent

registered migration agent

Schedule 2, clause 10.5

the agent must,

a registered migration agent must,

Schedule 2, clause 10.6

instructions, the agent

instructions, a registered migration agent

Schedule 2, clause 11.1

migration agent

registered migration agent

Schedule 2, clause 11.2

An agent

A registered migration agent

Schedule 2, clause 11.3

an agent

a registered migration agent

Schedule 2, clause 11.4

migration agent

registered migration agent

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; 2003 No. 92.

2. Notified in the Commonwealth of Australia Gazette

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