Migration Agents Amendment
Regulations 2006 (No. 2)1
Select Legislative Instrument 2006 No. 249
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of
the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations
under the Migration Act 1958.
Dated 21 September 2006
MARIE BASHIR
Administrator
By Her Excellency’s Command
ANDREW ROBB
Parliamentary Secretary to the Minister for Immigration and
Multicultural Affairs
0610583A-060901EV
Regulation 1
1
Name of Regulations
These Regulations are the Migration Agents Amendment
Regulations 2006 (No. 2).
2
Commencement
These Regulations commence on 1 October 2006.
3
Amendment of Migration Agents Regulations 1998
Schedule 1 amends the Migration Agents Regulations 1998.
Schedule 1
Amendments
(regulation 3)
[1]
Subregulation 3 (1), after the definition of Authority
insert
client, of a registered migration agent, means a person to whom
the agent agrees (whether or not in writing) to provide
immigration assistance.
[2]
After paragraph 3V (d)
insert
(da) the registered migration agent’s association with the
business shown on the Register;
2
Migration Agents Amendment Regulations 2006 (No. 2)
2006, 249
Amendments
[3]
Schedule 1
Subregulation 5 (1)
substitute
(1) For paragraph 289A (c) of the Act:
(a) a prescribed course is a course specified for the purposes
of this paragraph by the Minister in an instrument in
writing; and
(b) the prescribed period is the 12 month period immediately
before the day on which the applicant is taken to have
made the application for registration; and
(c) a prescribed exam is an exam specified for the purposes of
this paragraph by the Minister in an instrument in writing.
[4]
Subregulation 7B (1)
after
subregulations (2),
insert
(2A),
[5]
After subregulation 7B (2)
insert
(2A) The supervising agent must have at least 5 years experience as
a registered migration agent, being a period that does not
include any time during which:
(a) the agent’s registration was suspended; or
(b) the agent was subject to a caution that was in effect.
[6]
Schedule 2, Part 1, paragraph 1.10 (a)
omit
business as
2006, 249
Migration Agents Amendment Regulations 2006 (No. 2)
3
Schedule 1
[7]
Amendments
Schedule 2, Part 2, clause 2.1
substitute
2.1
A registered migration agent must always:
(a) act in accordance with the law (including, for an agent
operating as an agent in a country other than Australia, the
law of that country) and the legitimate interests of his or
her client; and
(b) deal with his or her client competently, diligently and
fairly.
However, a registered migration agent operating as an agent in
a country other than Australia will not be taken to have failed
to comply with the Code if the law of that country prevents the
agent from operating in compliance with the Code.
[8]
Schedule 2, Part 2, paragraph 2.1A (b)
omit
[9]
Schedule 2, Part 2, paragraph 2.8 (c)
omit
and regularly
[10]
Schedule 2, Part 2, after clause 2.9
insert
2.9A
In communicating with, or otherwise providing information to,
the Authority, a registered migration agent must not seek to
mislead or deceive the Authority, whether directly or by
withholding relevant information.
[11]
Schedule 2, Part 2, clause 2.11, note 2
substitute
Note 2 Clause 2.12, which relates to implying a relationship with the
Department or the Authority, also applies to the registered migration agent’s
advertising mentioned in clause 2.11.
4
Migration Agents Amendment Regulations 2006 (No. 2)
2006, 249
Amendments
[12]
Schedule 1
Schedule 2, Part 2, clause 2.12
omit
the Department of Immigration and Multicultural and
Indigenous Affairs (the Department)
insert
the Department
[13]
Schedule 2, Part 2, paragraph 2.12 (c), except the
note
substitute
(c) Department registered.
[14]
Schedule 2, Part 2, clause 2.13
omit
[15]
Schedule 2, Part 2, clause 2.14
omit
However, a registered
insert
A registered
[16]
Schedule 2, Part 2, after clause 2.21
insert
2.22A
2006, 249
A registered migration agent must, when providing translating
or interpreting services, include on a prominent part of the
translated document the following sequence:
(a) the name of the migration agent;
(b) followed by the words ‘Migration Agent’s Registration
Number’;
(c) followed by the agent’s registration number.
Migration Agents Amendment Regulations 2006 (No. 2)
5
Schedule 1
Amendments
2.22B
A registered migration agent must notify the Authority in
writing within 14 days of any changes to the registration details
of the agent in relation to any of the following matters:
(a) the agent’s full name;
(b) any business names of the agent or the agent’s employer;
(c) the business address for the agent;
(d) the telephone number for contacting the agent;
(e) any of the matters mentioned in paragraphs 3V (a) to (da).
[17]
Schedule 2, Part 3, clause 3.2A, except the note
substitute
3.2A
Once a registered migration agent has agreed to work for a
client, but before commencing that work, the agent must:
(a) provide the client with a copy of Information on the
Regulation of the Migration Advice Profession; and
(b) make a record that the copy has been provided.
[18]
Schedule 2, Part 6, after subparagraph 6.1 (b) (ii)
insert
(iii) the agent and the Department regarding the client;
and
[19]
Schedule 2, Part 6, subparagraph 6.1 (c) (ii)
substitute
(ii) the agent and an official of any relevant statutory
authority; and
(iii) the agent and the Department regarding the client.
6
Migration Agents Amendment Regulations 2006 (No. 2)
2006, 249
Amendments
[20]
Schedule 1
Schedule 2, Part 7, clause 7.1
omit
A registered
insert
Subject to clause 7.1B, a registered
[21]
Schedule 2, Part 7, after clause 7.1A
insert
7.1B
If a registered migration agent is operating as an agent in a
country other than Australia that does not allow, under its law,
the use of a clients’ account as described in paragraph 7.1 (b):
(a) the agent is not required to keep a separate account of that
name; but
(b) the agent must:
(i) keep an account for money paid by clients to the
agent for fees and disbursements in a way that is as
similar as practicable to the requirements in this
Part; and
(ii) comply with this Part as far as practicable in relation
to keeping records of the account and making the
records available for inspection.
[22]
Schedule 2, Part 10, paragraph 10.1 (c)
omit
for just cause
Note
1.
All legislative instruments and compilations are registered on the Federal
Register of Legislative Instruments kept under the Legislative
Instruments Act 2003. See www.frli.gov.au.
2006, 249
Migration Agents Amendment Regulations 2006 (No. 2)
7