Migration Agents Regulations (Amendment) 1994 No. 264
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 264
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Subject - Migration Act 1958
Migration Agents Regulations (Amendment)
Amendments to the Migration Act 1958 (the Act) commence on 1 September 1994. These amendments include amendments which renumber the provisions of the Act. These Regulations are made to commence on 1 September 1994 to implement changes necessary as a result of the amendments to the Act. All references in this Explanatory Statement are to the renumbered provisions as they will exist on 1 September 1994.
The Act provides the regulation making powers set out below which enable these regulations to be made. Where necessary subsection 4 (1) of the Acts Interpretation Act 1901 is relied upon. That subsection provides that where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation.
Section 504 of the Act provides that the Governor-General may make regulations for the purposes of the Act. Without limiting the generality of section 504, section 292 of the Act enables regulations to be made prescribing qualifications for the purposes of registration as a migration agent and section 314 of the Act enables the regulations to prescribe a Code of Conduct for migration agents.
The purpose of the Regulations is to make amendments to the Migration Agents Regulations to implement changes to the Act that will commence on 1 September 1994 and to reflect administrative changes to the name of the Department. None of these amendments involve a substantive change in policy.
Details of the Regulations are as follows:
Regulation 1 - Commencement
This regulation provides for the Regulations to commence on 1 September 1994.
Regulation 2 - Amendment
This regulation provides for the Migration Agents Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 4 (Prescribed qualifications)
This regulation amends subregulations 4(1) and (3) of the Migration Agents Regulations by omitting the reference to paragraph 114T(1)(f) of the Act and substituting a reference to paragraph 292(1)(f) to reflect the renumbering of the paragraph by section 83 of the Migration Legislation Amendment Act 1994.
Regulation 4 - Regulation 5 (Code of Conduct)
This regulation amends regulation 5 of the Migration Agents Regulations by omitting the reference to subsection 114ZR(1) of the Act and substituting a reference to subsection 314(1), to reflect the renumbering of the subsection by section 83 of the Migration Legislation Amendment Act 1994.
Regulation 5 - Schedule (Code of conduct)
Subregulation 5.1 amends the heading of the Schedule by omitting the reference to section 114ZR of the Act and substituting a reference to section 314 to reflect the renumbering of the section by section 83 of the Migration Legislation Amendment Act 1994.
Subregulation 5.2 amends Clause 15 of the Schedule to reflect administrative changes in the name of the Department.
Subregulation 5.3 amends Clause 17 of the Schedule to omit a reference to "entry permit" and substitute a reference to "visa".
Subregulation 5.4 amends Clause 18 of the Schedule to reflect administrative changes in the name of the Department.
Subregulation 5.5 amends the address at the end of the Schedule to reflect administrative changes in name of the Department.
The Regulations commence on 1 September 1994.
Overview
The Migration Agents Regulations (Amendment) 1994 No. 264, issued by the Authority of the Minister for Immigration and Ethnic Affairs, were enacted to implement the necessary changes resulting from the amendments to the Migration Act 1958. These amendments, which included renumbering of provisions, commenced on 1 September 1994. The purpose of the Regulations is to update the Migration Agents Regulations to align with these changes, including the administrative renaming of the Department, without altering the substantive policy. The authority to make these regulations is derived from sections 504, 292, and 314 of the Migration Act 1958, supplemented by subsection 4(1) of the Acts Interpretation Act 1901. The regulations ensure that references within the Migration Agents Regulations are correctly aligned with the renumbered provisions of the Act, reflecting the new legislative framework while maintaining the existing regulatory standards for migration agents.
Scope and Application
The Migration Agents Regulations (Amendment) 1994 No. 264, which are made under the Migration Act 1958, implement necessary changes to the Migration Agents Regulations to align with amendments to the Act that are scheduled to commence on 1 September 1994. These regulations are applicable to migration agents who are required to be registered under the Act and are intended to reflect administrative changes, such as the renaming of the Department. The regulations do not introduce substantive policy changes but ensure the regulatory framework remains consistent with the amended Act. Specifically, the amendments update references within the regulations to reflect changes in the numbering of certain sections of the Act and administrative changes to the Department's name. The scope of these regulations is limited to ensuring the regulatory framework is technically aligned with the amended Act and administrative updates, without altering the underlying policies or qualifications for registration as a migration agent.
Key Provisions
The Migration Agents Regulations (Amendment) 1994 No. 264, which are set to commence on 1 September 1994, are designed to implement changes necessary as a result of amendments to the Migration Act 1958. These amendments, which include renumbering of provisions, are implemented through statutory rules issued under the authority of the Minister for Immigration and Ethnic Affairs. The regulations aim to update the Migration Agents Regulations to align with the renumbered sections of the Act, ensuring that references in the regulations are consistent with the legislative changes.
The regulations impose specific obligations on migration agents and entities governed by the Act. Firstly, migration agents must ensure they meet the qualifications prescribed under the amended regulations (Regulation 3). This includes adhering to the updated references in subregulations 4(1) and (3) of the Migration Agents Regulations, where references to the old paragraphs have been substituted with references to the new paragraphs 292(1)(f) and 314(1). Secondly, migration agents must comply with the Code of Conduct as outlined in the amended regulation (Regulation 4), which now references subsection 314(1) of the Act instead of the previous subsection 114ZR(1). Additionally, changes to the Schedule (Regulation 5) require migration agents to be aware of administrative updates such as the name change of the Department, changes from "entry permit" to "visa", and other administrative adjustments.
Breach of these regulations may result in civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, it is clear that failure to comply with the renumbered provisions and updated Code of Conduct could lead to enforcement actions. The seriousness of the breach would determine whether the consequence is a civil penalty, such as a fine, or a more severe criminal penalty. However, the exact nature and extent of these penalties are not specified within the provided text, and would typically be outlined in the primary legislation or related guidelines.