Migration Agents Amendment Regulations 2004 (No. 2) (Cth)
Migration Agents Amendment Regulations 2004 (No. 2)1
Statutory Rules 2004 No. 3912
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 16 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
Minister for Immigration and Multicultural and Indigenous Affairs
Contents
1Name of Regulations 2
2Commencement 2
3Amendment of Migration Agents Regulations 1998 2
Schedule 1Amendments commencing on 2 April 2005 3
Schedule 2Amendments commencing on 1 July 2005 10
Name of Regulations
These Regulations are the Migration Agents Amendment Regulations 2004 (No. 2).
Commencement
These Regulations commence as follows:
(a)on
2 April 2005 — regulations 1 to 3 and Schedule 1;
(b)on
1 July 2005 — Schedule 2.
Amendment of Migration Agents Regulations 1998
Schedules 1 and 2 amend the Migration Agents Regulations 1998.
Schedule 1 Amendments commencing on
(regulation 3)
[1] After paragraph 4 (2) (b)
insert
(ba)present citizenship;
[2] Subregulation 4 (3)
substitute
(3)The notice must also state:
(a)the address of the Authority for correspondence; and
(b)that information about other applicants can be found on the Authority’s web site.
Note The URL for the Authority’s web site is 4 (5)
substitute
(5)The notice must be published in writing:
(a)in the public notices section of the Saturday edition of a newspaper that:
(i)is published in the English language; and
(ii)is ordinarily published every day from Monday to Saturday; and
(iii)circulates in each State, the
and the Australian Capital Territory ; and Northern Territory
(iv)is specified by the Minister by a notice published in the Gazette for the purposes of this paragraph; or
(b)with the agreement of the Authority, in the public notices (or equivalent) section of a newspaper that is published in
in a language other than English: Australia
(i)if the newspaper is a daily newspaper — in the Saturday edition; or
(ii)if the newspaper is a weekly publication — on the day of publication.
(6)The notice must also be published on the Registration Applicants page of the Authority’s web site for a continuous period of at least 30 days.
Note The URL for the Authority’s web site is 7 (1)
omit
paragraph 305A (1) (a)
insert
paragraphs 305A (1) (a) and 306AL (1) (a)
[5] Subregulation 7E (1)
omit
paragraph 311C (1) (a)
insert
paragraphs 311C (1) (a) and 311P (1) (a)
[6] Paragraphs 9A (a) and (b)
omit
industry; and
insert
profession; and
[7] Regulation 9B
omit
For subsection 321A (2) of the Act,
insert
(1)For subsection 321A (2) of the Act,
[8] Regulation 9B
insert
(2)For subsection 321A (3) of the Act, the recipient may disclose personal information disclosed under subsection 321A (1) of the Act to a relevant professional body if:
(a)the information is about the conduct of a registered migration agent or an inactive migration agent; and
(b)the recipient believes that that conduct may be of concern to the relevant professional body.
(3)For subregulation (2), relevant professional body means a professional body of which the agent is or was a member.
[9] Regulation 9C
omit
For subsection 332F (2) of the Act,
insert
(1)For subsection 332F (2) of the Act,
[10] Regulation 9C
insert
(2)For subsection 332F (3) of the Act, the review authority may disclose personal information disclosed under subsection 332F (1) of the Act to a relevant professional body if:
(a)the information is about the conduct of a registered migration agent or an inactive migration agent; and
(b)the review authority believes that that conduct may be of concern to the relevant professional body.
(3)For subregulation (2), relevant professional body means a professional body of which the agent is or was a member.
[11] Regulation 9D
omit
For subsection 332G (2) of the Act,
insert
(1)For subsection 332G (2) of the Act,
[12] Regulation 9D
insert
(2)For subsection 332G (3) of the Act, the Secretary or authorised officer may disclose personal information disclosed under subsection 332G (1) of the Act to a relevant professional body if:
(a)the information is about the conduct of a registered migration agent or an inactive migration agent; and
(b)the Secretary or authorised officer believes that that conduct may be of concern to the relevant professional body.
(3)For subregulation (2), relevant professional body means a professional body of which the agent is or was a member.
[13] Schedule 1, subclause 3 (1)
omit
website
insert
web site
[14] Schedule 2, clause 1.8
omit
Crimes Act 1914 and the Trade Practices Act 1975
insert
Crimes Act 1914, the Criminal Code Act 1995 and the Trade Practices Act 1974
[15] Schedule 2, clause 2.5, note
substitute
Note 1 A comprehensive list of the materials mentioned in subparagraphs (a) (iii) and (iv) may be obtained from the Professional Library page of the Authority’s web site ( 2 A registered migration agent must satisfy the requirements for continuing professional development set out in Schedule 1.
[16] Schedule 2, clause 2.10, at the foot
insert
Note Advertising includes advertising on the Internet.
[17] Schedule 2, clause 2.11
substitute
2.11A registered migration agent must, when advertising, include in the advertisement:
(a)the agent’s family name; and
(b)the words ‘Migration Agents Registration Number’ or ‘MARN’, followed by the agent’s individual registration number.
Note Advertising includes advertising on the Internet.
[18] Schedule 2, clause 2.12, at the foot
insert
Note Advertising includes advertising on the Internet.
[19] Schedule 2, clause 2.23
omit
industry
insert
advice profession
[20] Schedule 2, clause 3.2A, note
omit each mention of
industry
insert
profession
[21] Schedule 2, after clause 6.1
insert
6.1AA registered migration agent must keep the records mentioned in clause 6.1 for a period of 7 years after the date of the last action on the file for the client.
[22] Schedule 2, paragraph 6.2 (a)
omit
2 years
insert
7 years
[23] Schedule 2, clause 6.2, at the foot
insert
Note On the completion or termination of services, all documents to which a client is entitled are to be dealt with in accordance with Part 10.
[24] Schedule 2, clause 7.7
after
clause 7.1,
insert
7.1A,
[25] Schedule 2, after clause 10.1
insert
10.1AFor paragraph 10.1 (c), a written notice must state:
(a)that the agent ceases to act for the client; and
(b)the date from which the agent ceases to act; and
(c)the terms of any arrangements made in respect of appointing another registered migration agent.
10.1BWithin 7 days of giving the written notice, the agent must:
(a)update the client’s file to reflect the current status of each case or application undertaken by the agent for the client; and
(b)deliver all documents to which the client is entitled to the client or to the appointed registered migration agent; and
(c)ensure that all financial matters have been dealt with as specified in the contract.
[26] Schedule 2, clause 11.4
omit each mention of
website
insert
web site
Schedule 2 Amendments commencing on
(regulation 3)
[1] Regulation 3
omit
In these Regulations:
insert
(1)In these Regulations:
[2] Regulation 3
insert
(2)In these Regulations, an individual applies for repeat registration if the individual:
(a)applies for registration; and
(b)has been registered at some time in the period of 12 months before making the application.
[3] After regulation 3X
insert
3XAApplication for repeat registration
An individual who applies for repeat registration must submit with the registration application a statement containing the following details:
(a)the kinds of services offered by the agent during the previous registration period;
(b)the average fees charged for each of those services.
Note See regulation 3 for meaning of repeat registration.
Notes
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; 2004 No. 129.
Notified in the Commonwealth of
Australia
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