Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004
No. 48, 2004
An Act to amend the Migration Act 1958, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments
Migration Act 1958
Part 2—Application and transitional provisions
Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004
No. 48, 2004
An Act to amend the Migration Act 1958, and for related purposes
[Assented to 21 April 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 21 April 2004 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2004 (Gazette 2004, No. GN23) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments
Migration Act 1958
1 Section 275
Insert:
high visa refusal rate, in relation to a visa of a particular class, has the meaning given by section 306AC.
2 Section 275 (definition of registered agent)
Repeal the definition.
3 Section 275
Insert:
registered migration agent means an individual registered as a migration agent under section 286.
4 Section 275 (definition of registration application fee)
After “imposed by”, insert “section 4 of”.
5 Section 275
Insert:
registration status charge means charge imposed by section 10 of the Migration Agents Registration Application Charge Act 1997.
6 After subsection 276(2)
Insert:
(2A) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a request…
Overview
The Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004 was enacted by the Parliament of Australia to address issues related to the integrity of migration agents. The Act aims to strengthen the regulatory framework governing migration agents, ensuring that they adhere to high professional standards and ethical practices. Key changes introduced by the Act include stricter registration requirements, enhanced disciplinary measures, and increased transparency in the registration process. The Act also introduces measures to better protect the public by addressing high visa refusal rates and ensuring that agents provide genuine and accurate immigration assistance.
Scope and Application
The Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004 amends the Migration Act 1958 to enhance the integrity and accountability of registered migration agents. This Act applies to registered migration agents, their registrations, and their conduct in providing immigration assistance. It operates at the national level as it amends Commonwealth legislation. The Act does not explicitly state any exclusions, but certain conduct is regulated and restricted through specified penalties and disciplinary measures. The application of the Act extends through subordinate instruments such as regulations, which can provide additional details on matters such as fees, disciplinary procedures, and notice requirements.
Key Provisions
- The Migration Legislation Amendment (Migration Agents Integrity Measures) Act 2004 amends the Migration Act 1958, introducing several new provisions and modifying existing ones. The key changes include the introduction of new definitions and expanded scopes, such as the definition of "registered migration agent" (section 275) and the broadening of the definition of "immigration assistance" (subsection 276(2A)). It also modifies the penalties for providing immigration assistance without registration (subsection 280(1)) and the obligations of registered migration agents (subsection 312(1)).
- The Act imposes several obligations on registered migration agents, such as the requirement to provide certain notifications to the Department or relevant review authorities (subsections 312A(1) and 312B(1)) and the need to meet specific registration criteria (subsections 288(2), 288A(2), and 288B(1)). It also establishes new disciplinary mechanisms, including the ability of the Migration Agents Registration Authority to caution, suspend, or cancel a registered migration agent's registration (sections 303, 304, 304A, 306AG, and 306AGAC).
- The Act includes provisions for offences and penalties. Providing immigration assistance without registration is a criminal offence, carrying a penalty of up to 60 penalty units (subsection 280(1)). Failure to comply with a notice to provide information or documents under certain sections (subsections 311EA(4), 311J(4), and 311K(4)) is also an offence, with a penalty of up to 60 penalty units. Additionally, failure to notify the Department or review authority of providing immigration assistance (subsections 312A(1) and 312B(1)) carries a penalty of up to 60 penalty units. These offences are considered strict liability offences, meaning that intent or negligence is not required to be proven for conviction (subsections 280(1), 311EA(5), 311J(5), 311K(5), 312A(2), and 312B(2)).
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Licensing & Registration
- Regulatory Standards
- Prohibited Conduct
- Offence Provisions