Overview

The Migration Agents Regulations 1998 were amended by legislative instrument IMMI 12/097 to address issues identified in the previous Instrument IMMI 12/035, which was enacted in 2012. This new instrument was introduced to rectify an error where the word "exam" was mistakenly omitted from Item 7(d) and to clarify the prescribed period for applying for registration after completing the prescribed course and exam. The purpose of this amendment is to ensure that prospective migration agents meet the specified criteria for registration as outlined in the Migration Act 1958 and the Migration Agents Regulations 1998. The new instrument specifies the exams and courses that constitute prescribed exams and courses, and the period within which an applicant must apply for registration after completing the prescribed course and passing the prescribed exam, specifically for those who do not hold an Australian legal practicing certificate. This legislative instrument was enacted by the Minister under the authority of the Legislative Instruments Act 2003 and is subject to disallowance, with a Human Rights Statement of Compatibility provided. The instrument commenced on 1 October 2012, replacing the previous instrument IMMI 12/035.

Scope and Application

The Migration Agents Regulations 1998, as amended by this Instrument, apply to individuals who seek to be registered as migration agents under the Migration Act 1958 and do not already hold an Australian legal practising certificate. The regulations are designed to support the criteria set out in the Act and the Regulations, which ensure that prospective migration agents meet specific qualifications before being registered. This involves passing a prescribed exam and completing a prescribed course within a specified timeframe. The geographic reach of these regulations is national, as they pertain to the regulation of migration agents throughout Australia. The Instrument specifies the qualifications and exams required for registration, correcting an error in the previous Instrument IMMI 12/035 by clarifying the prescribed period for applying for registration. The prescribed period refers to the length of time an individual has to apply for registration after completing the required course and passing the exam, rather than requiring these to be completed within a set timeframe. The application of these regulations is overseen by the Migration Agents Registration Authority, which consults with relevant parties to ensure compliance and proper implementation.

Key Provisions

The key operative sections of the legislation, as outlined in the explanatory statement, revolve around the qualifications and requirements for applicants seeking registration as a migration agent under the Migration Agents Regulations 1998. Regulation 5 specifies the prescribed qualifications necessary for applicants. According to Regulation 5(1), a prescribed course is defined as a course that the Minister has specified in writing, while Regulation 5(2) states that a prescribed exam is one specified by the Minister for a class of persons also specified by the Minister. Regulation 5(3) further elaborates that if the applicant does not fall within the specified class, the prescribed exam comprises both a course-related exam and an English language proficiency exam. The minimum score required to pass the exams is outlined in Regulation 5(4), and the period within which an applicant must apply for registration after completing the course and exams is detailed in Regulation 5(5). The obligations imposed by the Act and the Regulations on the parties involved are significant. For applicants seeking registration as migration agents, they must satisfy specific educational and examination requirements as outlined in the Regulations. This includes completing a prescribed course and passing the prescribed exams within the timeframe stipulated by the Minister. The Migration Agents Registration Authority is responsible for ensuring that applicants meet these criteria before granting registration. The Act and Regulations aim to ensure that only qualified and competent individuals are allowed to provide migration services, thereby protecting the interests of clients and maintaining the integrity of the migration process. The legislation also outlines potential consequences for non-compliance. While specific offences are not explicitly stated in the explanatory statement, the failure to meet the prescribed qualifications or the stipulated timeframe for applying for registration could result in the refusal of registration. Additionally, any breach of the Regulations by an applicant could potentially lead to legal actions or penalties as outlined under the broader provisions of the Migration Act 1958. However, the exact nature and extent of these penalties are not detailed in the explanatory statement and would require further examination of the primary Act.