Migration Legislation Amendment (Migration Agents) Act 1997
Act No. 205 of 1997 as amended
This compilation was prepared on 17 November 2000
[This Act was amended by Act No. 146 of 1999]
Amendments from Act No. 146 of 1999
[Schedule 1 (item 615) amended section 2;
Schedule 1 (item 616) amended Schedule 1 (item 82)]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Regulation of the migration advice industry
Part 1—Amendment of the Migration Act 1958
279A Application of the Criminal Code
289 Registration
290 Applicant must not be registered if not a person of integrity or not fit and proper
291 Applicant must not be registered if registration refused in past year
292 Applicant must not be registered if registration cancelled in past 5 years
293 Applicant under 18 must not be registered
294 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa
295 Notice of refusal of application
305 Notice of cancellation or suspension of registration
Division 4—Investigations and decision‑making by the Migration Agents Registration Authority
308 Requiring registered agents to give information
Division 6—Migration Agents Registration Authority
315 Appointing the Migration Institute of Australia Limited as the Migration Agents Registration Authority
317 General powers of the Migration Agents Registration Authority
318 Power to refer people to mediation
319 Power to refer lawyers’ conduct to other authorities
320 Delegation of powers and functions
321 Disclosure of personal information to the Migration Agents Registration Authority
322 Annual report
Division 6A—Collecting and applying registration application fees and renewal fees
332A Regulations about collection of fees
332B Payments to Migration Institute of Australia Limited
Division 7—Part ceases to be in force on 21 March 2000
Part 2—Application and transitional provisions
Part 3—Amendment of the Migration Act 1958 consequential on new Public Service Act
Schedule 2—Repeal of Levy Acts
Migration Agents Registration (Application) Levy Act 1992
Migration Agents Registration (Renewal) Levy Act 1992
Schedule 3—Continuing professional development of registered agents
Part 1—Object of this Schedule
Part 2—Amendment of the Migration Act 1958 commencing on 21 January 1999
290A Applicant for repeat registration must not be registered if he or she has not done continuing professional development
Part 3—Amendment of the Migration Act 1958 commencing on 21 February 1999
301 Migration Agents Registration Authority must warn of expiry
Part 4—Amendment of the Migration Act 1958 commencing on 21 March 1999
Division 6A—Collection and application of registration application fees
Part 5—Repeal of the Migration Agents Registration Renewal Charge Act 1997
An Act to amend the law about migration agents, and for related purposes
[Assented to 17 December 1997]
1 Short title
This Act may be cited as the Migration Legislation Amendment (Migration Agents) Act 1997.
2 Commencement
(1) Subject to this section, this Act commences immediately before 21 March 1998.
(2) Items 67 and 68 of Schedule 1 commence on the day on which this Act receives…
Overview
The Migration Legislation Amendment (Migration Agents) Act 1997 was enacted to address issues and gaps in the regulation and oversight of migration agents in Australia. This Act amends the Migration Act 1958 to enhance the registration and disciplinary processes for migration agents. The Act was introduced by the Parliament of Australia, aiming to ensure that only fit and proper persons provide migration assistance, thereby protecting the interests of visa applicants and maintaining the integrity of the migration process. The policy objective behind this legislation is to establish a robust regulatory framework that governs the conduct of migration agents, ensuring they adhere to professional standards and ethical practices. This is achieved through stringent eligibility criteria for registration, the imposition of penalties for non-compliance, and the establishment of the Migration Agents Registration Authority to oversee the registration process and disciplinary actions.
Scope and Application
The Migration Legislation Amendment (Migration Agents) Act 1997 applies to persons and entities involved in providing migration advice in Australia. This includes individuals or entities that offer immigration assistance, such as preparing documents, advising on visa applications, or representing clients in immigration-related proceedings. The Act regulates the registration of migration agents to ensure that only qualified and fit individuals provide such services. The Act applies nationally across Australia, as it amends the Migration Act 1958, which is a Commonwealth Act. There are specific exclusions within the Act, such as clerical work, translation services, and the mere passing on of information without substantial comment, which do not constitute immigration assistance. Additionally, the Act includes provisions for the Migration Agents Registration Authority to manage the registration process, including setting standards for registration, handling applications, and enforcing compliance. The Act also outlines the powers and responsibilities of the Migration Institute of Australia Limited, which is appointed by the Minister to act as the Migration Agents Registration Authority.
Key Provisions
- The Migration Legislation Amendment (Migration Agents) Act 1997 sets forth significant changes to the regulatory framework governing migration agents in Australia. The Act primarily operates through its amendments to the Migration Act 1958, introducing stringent conditions for registration, continuous professional development requirements, and robust disciplinary provisions. Section 289 of the Act stipulates that the Migration Agents Registration Authority must register applicants unless specific prohibitions apply, as outlined in sections 290 to 294. These sections detail various grounds for refusing registration, including lack of integrity, recent refusal of registration, recent cancellation of registration, age restrictions, and citizenship or visa requirements.
- Under the Act, migration agents are subject to a series of obligations aimed at ensuring they meet high standards of professional conduct and integrity. For instance, agents must refrain from certain activities that might be construed as providing immigration assistance, such as merely doing clerical work or passing on information without substantial comment. The Act also mandates that agents engage in continuing professional development and meet good character standards to maintain their registration.
- The Act imposes significant penalties and consequences for non-compliance. Breaches of the Act can lead to administrative penalties, including the cancellation or suspension of a migration agent's registration. Section 303 outlines the process for such actions, requiring the Authority to provide written notice of the decision and publish a statement detailing the reasons and findings. Agents have the right to seek review of these decisions through the Administrative Appeals Tribunal. Additionally, agents can be subject to criminal penalties as outlined in the Criminal Code, with offences ranging from minor infractions to serious breaches carrying substantial fines and imprisonment.
- The Act further establishes the Migration Agents Registration Authority, detailing its powers and functions. The Authority has broad investigative powers, including the ability to require agents to provide information and documents, and to refer complaints to mediation or other authorities. The Act also delineates the process for the collection and application of registration fees and provides for the eventual cessation of certain parts of the Act on 21 March 2000. Transitional provisions ensure continuity of existing registrations and investigations during the period of change.
- Area of Law
- Immigration & Refugee Law
- Administrative Law
- Instrument
- Act
- Concepts
- Regulatory Standards
- Regulatory Standards
- Regulatory Standards
- Regulatory Standards
- Regulatory Standards
- Regulatory Standards
- Regulatory Standards