EXPLANATORY STATEMENT

Migration Agents Regulations 1998

CLASS OF PERSONS

 (Regulation 6)

1. This Instrument is made under Regulation 6 of the Migration Agents Regulations 1998 (‘the Regulations’).
2. On 1 July 2012, Regulation 6 was amended to prescribe continuing professional development and specify an English language requirement that a registered migration agent must satisfy to maintain registration.
3. Regulation 6 of the Regulations provides that, after 1 January 2014, for the purposes of section 290A of the Migration Act 1958 (‘the Act’), in addition to the continuing professional development requirements set out in Schedule 1 of the Regulations, applicants for repeat registration must meet one of the following criteria:
   • have achieved at least the minimum score in an exam in English language proficiency specified by the Minister in an instrument in writing (subregulation 6(2)(a)); or
   • hold a current legal practising certificate issued by an Australian body authorised by law to issue it (subregulation 6(2)(b)); or
   • be in a class of person specified by the Minister in an instrument in writing for this paragraph (subregulation 6(2)(c)).
4. The purpose of this Instrument is to specify that, for the purpose of paragraph 6(2)(c), a Migration Agent who is re-registering is not required to undertake any English language proficiency testing.
5. This Instrument operates to provide a class of persons who are not required to undertake English language proficiency testing if they are re-registering as a Migration Agent.
6. Consultation was undertaken with the Office of the Migration Agents Registration Authority who regulate the migration advice profession and who are responsible for registering migration agents.
7. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Human Rights Statement of Compatibility has been provided.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 16220).
9. The Human Rights Compatibility Statement is at Attachment A.
10. This Instrument, IMMI 13/153, commences on 1 January 2014.

Attachment A