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Migration Amendment (Regulation of Migration Agents) Bill 2018

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2016-2017-2018

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

MIGRATION AMENDMENT (REGULATION OF MIGRATION AGENTS) BILL 2018

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Assistant Minister for Home Affairs,

Senator the Hon. Linda Reynolds)



 

 

MIGRATION AMENDMENT (REGULATION OF MIGRATION AGENTS) BILL 2018

 

OUTLINE

 

Schedule 1 to the Migration Amendment (Regulation of Migration Agents) Bill 2018 (the Bill) amends the Migration Act 1958 (the Migration Act) to:

 

·          remove unrestricted legal practitioners from the regulatory scheme that governs migration agents, such that unrestricted legal practitioners cannot register as migration agents and are entirely regulated by their own professional bodies;

 

·          allow eligible restricted legal practitioners to continue to be both registered migration agents and restricted legal practitioners for a period of up to two years. This period maybe extended by up to two years (to provide a total maximum of four years in which a person can be registered as both a migration agent and a legal practitioner); and

 

·          provide transitional arrangements for registered migration agents who were restricted legal practitioners immediately prior to commencement.  These registered migration agents will have a transitional period of up to two years, during which they may continue to be both registered migration agents and restricted legal practitioners.  This transitional period may be extended by up to two years (to provide a total maximum of four years in which a person can be registered as both a migration agent and a legal practitioner).

 

Schedule 2 to the Bill amends the Migration Act to:

 

·          ensure that the time period in which a person can be considered an applicant for repeat registration as a migration agent is set out in delegated legislation rather than on the face of the Migration Act; and

 

·          remove the 12-month time limit within which a person must apply for registration following completion of a prescribed course.

 

The amendments to the Bill will ensure that the amendments made by Schedule 1 and Schedule 2 to the Bill operate prospectively, and that the transitional periods set out in Schedule 1 to the Bill are not condensed.

 

FINANCIAL IMPACT STATEMENT

 

These amendments will have low financial impact.

 



MIGRATION AMENDMENT (REGULATION OF MIGRATION AGENTS) BILL 2018

 

NOTES ON AMENDMENTS

Amendment 1                        Clause 2, page 2 (table item 2)

1.                   This amendment sets 30 June 2019 as the commencement date for Schedule 1 of the Migration Amendment (Regulation of Migration Agents) Act 2018.

Amendment 2                        Schedule 1, item 13, page 8 (line 25)

2.                   This amendment replaces “19 November 2018” with “30 June 2019” in note 4 at the end of section 289B, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 3                        Schedule 1, item 15, page 9 (line 28)

3.                   This amendment replaces “19 November 2018” with “30 June 2019” in note 4 at the end of section 302A, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 4                        Schedule 1, item 20, page 11 (line 2)

4.                   This amendment replaces “19 November 2018” with “30 June 2019” in note 2 at the end of paragraph 306B(b), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 5                        Schedule 1, item 30, page 13 (line 7)

5.                   This amendment replaces “19 November 2018” with “30 June 2019” in the note at the end of section 333, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 6                        Schedule 1, item 30, page 13 (line 13)

6.                   This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333A(1), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 7                        Schedule 1, item 30, page 13 (line 16)

7.                   This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333A(2), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 8                        Schedule 1, item 30, page 13 (line 20)

8.                   This amendment replaces “19 November 2018” with “30 June 2019” in the heading to section 333B, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 9                        Schedule 1, item 30, page 13 (line 23)

9.                   This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333B(1), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 10                      Schedule 1, item 30, page 13 (line 30)

10.               This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333B(2), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 11                      Schedule 1, item 30, page 14 (line 2)

11.               This amendment replaces “19 November 2018” with “30 June 2019” in the heading to section 333BA, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 12                      Schedule 1, item 30, page 14 (line 5)

12.               This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333BA(1), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 13                      Schedule 1, item 30, page 14 (line 25)

13.               This amendment replaces “19 November 2020” with “30 June 2021” in paragraph 333BA(3)(a), as inserted by the Bill.  Subject to subsection 333BA(2), this maintains the two year transitional period for registered migration agents who were restricted legal practitioners immediately before the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 14                      Schedule 1, item 30, page 14 (line 26)

14.               This amendment replaces “19 November 2022” with “30 June 2023” in paragraph 333BA(3)(b), as inserted by the Bill.  This reflects the original intention that the MARA may approve a later transitional end day of no more than two years after the new transitional end day of 30 June 2021 for registered migration agents who were restricted legal practitioners immediately before commencement.

Amendment 15                      Schedule 1, item 30, page 15 (line 12)

15.               This amendment replaces “19 November 2018” with “30 June 2019” in the heading to section 333BB, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 16                      Schedule 1, item 30, page 15 (line 17)

16.               This amendment replaces “19 November 2022” with “30 June 2023” in subsection 333BB(1), as inserted by the Bill.  This reflects the new latest transitional end day that may be approved by the MARA for registered migration agents who were restricted legal practitioners immediately before commencement (see amendment 14).

Amendment 17                      Schedule 1, item 30, page 15 (line 21)

17.               This amendment replaces “19 August 2020” with “30 March 2021” in paragraph 333BB(1)(b), as inserted by the Bill.  This ensures that an application to the MARA for approval of a later transitional end day must be made before 30 March 2021.

Amendment 18                      Schedule 1, item 30, page 15 (line 26)

18.               This amendment replaces “19 November 2020” with “30 June 2021” in subsection 333BB(3), as inserted by the Bill.  This reflects the new transitional end day of 30 June 2021 for registered migration agents who were restricted legal practitioners immediately before commencement (see amendment 13).

Amendment 19                      Schedule 1, item 30, page 15 (line 27)

19.               This amendment replaces “19 November 2022” with “30 June 2023” in paragraph 333BB(3)(a), as inserted by the Bill.  This reflects the new latest transitional end day that may be approved by the MARA for registered migration agents who were restricted legal practitioners immediately before commencement (see amendment 14).

Amendment 20                      Schedule 1, item 30, page 16 (line 16)

20.               This amendment replaces “19 November 2018” with “30 June 2019” in the heading to section 333C, as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 21                      Schedule 1, item 30, page 16 (line 19)

21.               This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333C(1), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 22                      Schedule 1, item 30, page 16 (line 29)

22.               This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333C(2), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 23                      Schedule 1, item 30, page 16 (line 30)

23.               This amendment replaces “19 November 2018” with “30 June 2019” in note 1 at the end of subsection 333C(2), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 24                      Schedule 1, item 30, page 16 (line 33)

24.               This amendment replaces “19 November 2018” with “30 June 2019” in note 2 at the end of subsection 333C(2), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 25                      Schedule 1, item 30, page 17 (line 2)

25.               This amendment replaces the first reference to “19 November 2018” with “30 June 2019” in subsection 333C(3), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 26                      Schedule 1, item 30, page 17 (line 3)

26.               This amendment replaces the second reference to “19 November 2018” with “30 June 2019” in subsection 333C(3), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 27                      Schedule 1, item 30, page 17 (line 6)

27.               This amendment replaces “19 November 2018” with “30 June 2019” in the note at the end of subsection 333C(3), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).

Amendment 28                      Schedule 1, item 30, page 17 (line 14)

28.               This amendment replaces “19 November 2018” with “30 June 2019” in subsection 333C(4), as inserted by the Bill.  This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1).



Amendment 29                      Schedule 2, item 4, page 20 (line 5)

29.               This amendment replaces “19 November 2018” with “30 June 2019” in the application provision for the amendments made by Part 1 of Schedule 2 to the Bill. This reflects the new commencement date for Schedule 1 of this Act of 30 June 2019 (see amendment 1), and ensures that the amendments made by Part 1 of Schedule 2 to the Bill operate prospectively.