Migration Agents Regulations (Amendment) 1997 No. 138
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 138
Issued by the authority of the Minister for Immigration and Multicultural Affairs
Migration Act 1958
Migration Agents Regulations (Amendment)
Section 504 of the Migration Act 1958 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Without limiting the generality of section 504, section 314 of the Act enables the regulations to prescribe a Code of Conduct for migration agents.
The purpose of the Regulations is to amend the Migration Agents Regulations to include, for the benefit of Migration Agents advising clients, references to the visa application charge which commenced operation on 1 May 1997.
Details of the Regulations are as follows:
Regulation 1 - Commencement
This regulation provides for the regulations to commence on 1 July 1997.
Regulation 2 - Amendment
This regulation provides for the Migration Agents Regulations to be amended as set out in these Regulations.
Regulation 3 - Schedule (Code of Conduct)
Subregulation 3.1 amends clause 19 of the Migration Agents Code of Conduct which is the Schedule to the Migration Agents Regulations. In addition to fees, Migration Agents must have regard to the correct amount of any visa application charge or any other charges and to accurately inform their clients of such charges. Clause 19 has also been redrafted using plain English so that it is easier to understand.
The Regulations commence on 1 July 1997.
Overview
The Migration Agents Regulations (Amendment) 1997 No. 138 was enacted to address the need for updated guidelines for migration agents regarding the visa application charges that commenced on 1 May 1997. This amendment to the Migration Agents Regulations, made under section 504 of the Migration Act 1958, ensures that migration agents are adequately informed about and able to advise their clients on these charges. The amendment is intended to provide clarity and accuracy in the information provided to clients by migration agents, thereby enhancing the overall administration of the visa application process. The Regulations were issued by the authority of the Minister for Immigration and Multicultural Affairs and are designed to update the Code of Conduct for migration agents to include references to the new visa application charge, ensuring that agents can accurately inform their clients of all relevant fees.
Scope and Application
The Migration Agents Regulations (Amendment) 1997 No. 138 applies to migration agents who are regulated under the Migration Act 1958. These agents include individuals and entities authorised to provide services in relation to migration and visa matters, and they must adhere to the prescribed Code of Conduct. The Regulations amend the Migration Agents Regulations to include references to the visa application charge, which commenced on 1 May 1997. These changes ensure that migration agents inform their clients accurately about the charges associated with visa applications. The Regulations have a national jurisdictional reach and are applicable across Australia, as they are amendments to Commonwealth regulations. There are no specific exclusions or thresholds mentioned in the explanatory statement; however, the application of these Regulations can be further extended or restricted through subordinate instruments. The Regulations commenced on 1 July 1997.
Key Provisions
The primary operative sections of the Migration Agents Regulations (Amendment) 1997 No. 138 (the "Regulations") involve amendments to the Migration Agents Regulations, specifically targeting the Code of Conduct for migration agents. Regulation 1 specifies that the regulations will commence on 1 July 1997, providing a clear start date for the amendments. Regulation 2 outlines the specific amendments to be made to the Migration Agents Regulations, while Regulation 3 details the changes to the Code of Conduct, particularly in relation to clause 19, which now includes references to visa application charges.
These regulations impose several obligations on migration agents. Under the amended clause 19, migration agents must ensure that they have regard to the correct amount of any visa application charge or other charges relevant to their clients' applications. Furthermore, they must accurately inform their clients of these charges, ensuring transparency and clarity in the services they provide. The redrafting of clause 19 using plain English aims to enhance the comprehensibility of these obligations, making it easier for both agents and clients to understand their rights and responsibilities.
The Regulations also outline the consequences for non-compliance with these provisions. While specific offences, penalties, or civil and criminal consequences are not explicitly stated within the Regulations themselves, the Migration Act 1958 provides a framework for potential sanctions. Migration agents who fail to adhere to the Code of Conduct may face disciplinary action, including fines and the potential revocation of their registration. Such actions are intended to enforce compliance and maintain the integrity of the visa application process.