Migration Agents Amendment Regulations 2006 (No. 2) (Cth)

Migration Agents Amendment Regulations 2006 (No. 2)¹

Select Legislative Instrument 2006 No. 249

I, PROFESSOR MARIE BASHIR, AC, CVO, 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 21 September 2006

MARIE BASHIR

Administrator

By Her Excellency’s Command

ANDREW ROBB

Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs

Name of Regulations

These Regulations are the Migration Agents Amendment Regulations 2006 (No. 2).

Commencement

These Regulations commence on 1 October 2006.

Amendment of Migration Agents Regulations 1998

Schedule 1 amends the Migration Agents Regulations 1998.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (1), after the definition of Authority

insert

client, of a registered migration agent, means a person to whom the agent agrees (whether or not in writing) to provide immigration assistance.

[2] After paragraph 3V (d)

insert

(da)the registered migration agent’s association with the business shown on the Register;

[3] Subregulation 5 (1)

substitute

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

(a)a prescribed course is a course specified for the purposes of this paragraph by the Minister in an instrument in writing; and

(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

(c)a prescribed exam is an exam specified for the purposes of this paragraph by the Minister in an instrument in writing.

[4] Subregulation 7B (1)

after

subregulations (2),

insert

(2A),

[5] After subregulation 7B (2)

insert

(2A)The supervising agent must have at least 5 years experience as a registered migration agent, being a period that does not include any time during which:

(a)the agent’s registration was suspended; or

(b)the agent was subject to a caution that was in effect.

[6] Schedule 2, Part 1, paragraph 1.10 (a)

omit

business as

[7] Schedule 2, Part 2, clause 2.1

substitute

2.1A registered migration agent must always:

(a)act in accordance with the law (including, for an agent operating as an agent in a country other than Australia, the law of that country) and the legitimate interests of his or her client; and

(b)deal with his or her client competently, diligently and fairly.

However, a registered migration agent operating as an agent in a country other than Australia will not be taken to have failed to comply with the Code if the law of that country prevents the agent from operating in compliance with the Code.

[8] Schedule 2, Part 2, paragraph 2.1A (b)

omit

[9] Schedule 2, Part 2, paragraph 2.8 (c)

omit

and regularly

[10] Schedule 2, Part 2, after clause 2.9

insert

2.9AIn communicating with, or otherwise providing information to, the Authority, a registered migration agent must not seek to mislead or deceive the Authority, whether directly or by withholding relevant information.

[11] Schedule 2, Part 2, clause 2.11, note 2

substitute

Note 2 Clause 2.12, which relates to implying a relationship with the Department or the Authority, also applies to the registered migration agent’s advertising mentioned in clause 2.11.

[12] Schedule 2, Part 2, clause 2.12

omit

the Department of Immigration and Multicultural and Indigenous Affairs (the Department)

insert

the Department

[13] Schedule 2, Part 2, paragraph 2.12 (c), except the note

substitute

(c)Department registered.

[14] Schedule 2, Part 2, clause 2.13

omit

[15] Schedule 2, Part 2, clause 2.14

omit

However, a registered

insert

A registered

[16] Schedule 2, Part 2, after clause 2.21

insert

2.22AA registered migration agent must, when providing translating or interpreting services, include on a prominent part of the translated document the following sequence:

(a)the name of the migration agent;

(b)followed by the words ‘Migration Agent’s Registration Number’;

(c)followed by the agent’s registration number.

2.22BA registered migration agent must notify the Authority in writing within 14 days of any changes to the registration details of the agent in relation to any of the following matters:

(a)the agent’s full name;

(b)any business names of the agent or the agent’s employer;

(c)the business address for the agent;

(d)the telephone number for contacting the agent;

(e)any of the matters mentioned in paragraphs 3V (a) to (da).

[17] Schedule 2, Part 3, clause 3.2A, except the note

substitute

3.2AOnce a registered migration agent has agreed to work for a client, but before commencing that work, the agent must:

(a)provide the client with a copy of Information on the Regulation of the Migration Advice Profession; and

(b)make a record that the copy has been provided.

[18] Schedule 2, Part 6, after subparagraph 6.1 (b) (ii)

insert

(iii)the agent and the Department regarding the client; and

[19] Schedule 2, Part 6, subparagraph 6.1 (c) (ii)

substitute

(ii)the agent and an official of any relevant statutory authority; and

(iii)the agent and the Department regarding the client.

[20] Schedule 2, Part 7, clause 7.1

omit

A registered

insert

Subject to clause 7.1B, a registered

[21] Schedule 2, Part 7, after clause 7.1A

insert

7.1BIf a registered migration agent is operating as an agent in a country other than Australia that does not allow, under its law, the use of a clients’ account as described in paragraph 7.1 (b):

(a)the agent is not required to keep a separate account of that name; but

(b)the agent must:

(i)keep an account for money paid by clients to the agent for fees and disbursements in a way that is as similar as practicable to the requirements in this Part; and

(ii)comply with this Part as far as practicable in relation to keeping records of the account and making the records available for inspection.

[22] Schedule 2, Part 10, paragraph 10.1 (c)

omit

for just cause

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See