Commonwealth Consolidated Acts

MIGRATION LEGISLATION AMENDMENT (MIGRATION AGENTS) ACT 1997 - SCHEDULE 3

Part 1 -- Object of this Schedule

1   Object

This Schedule makes amendments to provide for continuing professional development of registered agents by:

  (a)   requiring migration agents to apply for registration each year; and

  (b)   requiring applicants for repeat registration to meet prescribed standards of continuing professional development (as well as standards of good character).

Part 2 -- Amendment of the Migration Act 1958 commencing on 21 January 1999

2   At the end of subsection 288(1A)

Add:

This requirement does not apply to an individual who has been registered at some time in the 12 months immediately before making the application.

3   Subsection 288(4)

Repeal the subsection, substitute:

  (4)   The Migration Agents Registration Authority must not consider a registration application unless the applicant has paid the application fee (if any) on the application.

  (5)   If the applicant is required under subsection (1A) to publish notice, the Migration Agents Registration Authority must not consider a registration application unless the applicant has:

  (a)   published the notice as required; and

  (b)   given the Authority evidence of the publication.

4   Subsection 289(1)

After "290,", insert "290A,".

5   Subsections 289(2) and (3)

Repeal the subsections, substitute:

  (2)   The Migration Agents Registration Authority do so as soon as possible.

  (3)   If the applicant was required to publish notice of his or her intention to apply for registration:

  (a)   the Authority must not register the applicant before the end of the time for objections that was specified in the notice, despite subsection (2); and

  (b)   the Authority must consider any objection received within that time when deciding whether section 290, 291, 292, 293 or 294 prohibits registration of the applicant.

  (4)   If the Migration Agents Registration Authority enters in the Register the name of an applicant who is already registered, the later registration takes effect at the end of the existing registration (unless the existing registration is cancelled before it would end under section 299).

6   After section 290

Insert:

290A   Applicant for repeat registration must not be registered if he or she has not done continuing professional development

    If the applicant has been registered at some time in the 12 months before making the application, he or she must not be registered if the Migration Agents Registration Authority is satisfied that the applicant has not met the requirements prescribed by the regulations for continuing professional development of registered agents.

Part 3 -- Amendment of the Migration Act 1958 commencing on 21 February 1999

7   Section 301

Repeal the section, substitute:

301   Migration Agents Registration Authority must warn of expiry

    One month before the period for which a registered agent is registered will end under section 299, the Migration Agents Registration Authority must give the agent a written notice stating when the period will end.

Part 4 -- Amendment of the Migration Act 1958 commencing on 21 March 1999

8   Section 275 (definition of renewal fee )

Repeal the definition.

9   Paragraph 287(2)(e)

After "registered", insert "most recently".

10   Paragraph 287(2)(f)

Repeal the paragraph.

11   Subsection 299(2)

Repeal the subsection.

12   Section 300

Repeal the section.

13   Paragraphs 302(1)(b) and (c)

Repeal the paragraphs.

14   Subsection 312(2)

Repeal the subsection.

15   Division 6A (heading)

Repeal the heading, substitute:

Division 6A -- Collection and application of registration application fees

16   Paragraphs 332A(a) and (b)

Omit "and renewal fees".

17   Subsection 332B(1)

Omit "and renewal fees".

18   Collection and application of renewal fees on and after 21   March 1999

(1)   Amounts of charge imposed by the Migration Agents Registration Renewal Charge Act 1997 before 21 March 1999 must be paid and can be recovered as if the amendments made by items 8, 15 and 16 had not been made.

(2)   The Migration Agents Registration Authority must deregister a registered agent who fails to pay within 2 weeks of the renewal of his or her registration any charge imposed by the Migration Agents Registration Renewal Charge Act 1997 on that renewal, despite the repeal of paragraph 302(1)(b) of the Migration Act 1958 by item 13.

(3)   The amendment of section 332A of the Migration Act 1958 by item 16 does not affect any regulations made in reliance on that section before 21 March 1999 , so far as they relate to charge imposed by the Migration Agents Registration Renewal Charge Act 1997 .

(4)   The amendment of section 332B of the Migration Act 1958 by item 17 does not affect the operation of that section so far as it relates to charge imposed by the Migration Agents Registration Renewal Charge Act 1997 .

19   Continuation of registration renewed after 21 March 1998 and before 21 March 1999

The repeal of subsection 299(2) of the Migration Act 1958 by item 11 does not affect the continuation of a registration renewed after 21   March 1998 and before 21 March 1999 .

20   Continued obligation to provide information after renewal of registration

(1)   A registered agent whose registration was renewed after 6   March 1999 must give the Migration Agents Registration Authority the information described in subsection 312(2) of the Migration Act 1958 (as in force at the time of the renewal) within 2 weeks of the renewal, despite the repeal of that subsection by item 14.

(2)   The Migration Agents Registration Authority must deregister a registered agent who fails to provide that information within that time, despite the repeal of paragraph 302(1)(c) of the Migration Act 1958 by item 13.

Part 5 -- Repeal of the Migration Agents Registration Renewal Charge Act 1997

21   The whole of the Act

Repeal the Act.