MIGRATION AGENTS REGULATIONS 1998

MIGRATION AGENTS REGULATIONS 1998

- made under the Migration Act 1958

TABLE OF PROVISIONS

   PART 1--INTRODUCTORY

   1.      Name of Regulations  
   3.      Interpretation  
   3AA.    Instrument specifying matters relating to CPD activities  

   PART 2--IMMIGRATION--ASSISTANCE GIVEN BY PERSONS NOT REGISTERED

           Division 2.1--Assistance given by employers and their employees

   3A.     Definitions for Division 2.1  
   3B.     Meaning of employer and employee  
   3BA.    Specification of kinds of visas for this Division  
   3C.     Assistance given to migrating employees  
   3D.     Representations made on behalf of migrating employees  

           Division 2.2--Assistance given by professional development sponsors

   3E.     Definitions for Division 2.2  
   3EA.    Specification of classes of persons for this Division  
   3F.     Assistance given to professional development applicants  
   3G.     Representations made on behalf of professional development applicants  

           Division 2.3--Assistance given by other persons

   3H.     Assistance given by close family members  

           Division 2.4--Infringement notices relating to giving of immigration assistance

   3I.     Definitions for Division 2.4  
   3J.     When can an infringement notice be served?  
   3K.     What must an infringement notice contain?  
   3L.     Can the time for payment be extended?  
   3M.     What happens if the penalty is paid?  
   3N.     Can an infringement notice be withdrawn?  
   3O.     Refund of penalty if notice withdrawn  
   3P.     Evidence  
   3Q.     Can there be more than one infringement notice for the same offence?  
   3R.     What if payment is made by cheque?  
   3S.     Infringement notice not compulsory  
   3T.     How must a notice be served?  

   PART 3--REGISTERED--MIGRATION AGENTS

   3U.     Relation by employment  
   3V.     Information on the Register of Migration Agents  
   3W.     Publication of names of former registered migration agents  
   3X.     Removal of disciplinary details from the Register of Migration Agents  
   3XAA.   Applications--publishing requirement  
   3XA.    Application for repeat registration  
   3Y.     Time of registration application  
   4.      Publication of notice of intention to apply for registration  
   4A.     Requirement to provide further information  
   5.      Prescribed qualifications  
   6.      Continuing professional development  
   6A.     Continuing professional development--lawyers who hold practising certificates  
   6B.     Prescribed professional indemnity insurance  
   6C.     Registration application -- Australian permanent resident  
   7.      Publication of statement about a caution, or the cancellation or suspension of registration  
   7A.     Requiring registered migration agents to give information or documents  
   7B.     Stay orders -- prescribed supervisory requirements  
   7E.     Publication of statement about barring former agents from registration  
   7F.     Requiring former registered migration agents to give information or documents  
   7G.     Method of notification of giving of immigration assistance to visa applicants  
   7H.     Method of notification of giving of immigration assistance to review applicants  
   7I.     Statement of services  
   9.      Complaints  
   9A.     Consumer guide  
   9B.     Disclosure of personal information by the Authority  
   9C.     Disclosure of personal information by the Secretary  
   9D.     Disclosure of personal information by a review authority  

   PART 3C--APPROVAL--OF CPD PROVIDERS

   9M.     Application for approval as CPD provider  
   9N.     Approval of CPD providers  
   9P.     Requirements to be approved as CPD provider  
   9Q.     Conditions of approval as CPD provider  
   9R.     Period of approval as CPD provider  
   9S.     Automatic continuation of approval as CPD provider until application to be approved again is dealt with  
   9T.     Cancellation of approval as CPD provider  
   9U.     Delegation  

   PART 4--MISCELLANEOUS

   11.     Approved forms  

   PART 5--TRANSITIONAL--PROVISIONS

           Division 1--Amendments made by Migration Legislation Amendment Regulation 2012 (No. 4)

   12.     Operation of amendments  

           Division 2--Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1)

   13.     Operation of amendments  

           Division 3--Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2)

   14.     Operation of amendments  

           Division 4--Amendments made by the Migration Legislation Amendment (2017 Measures No. 1)Regulations 2017

   15.     Definitions  
   16.     Operation of amendments of regulation 3XA  
   17.     Operation of amendments of Divisions 2.1 and 2.2 of Part 2  
   18.     Operation of amendment of clause 2.1A of Code of Conduct  
   19.     Operation of clauses 8.3A and 8.3B of Code of Conduct  
   20.     Transition from approved activities to CPD activities  
   21.     Transition from approved providers to CPD providers  
   22.     Approval as CPD provider before 1 January 2018  

           Division 5--Amendments made by the Migration Agents Amendment (CPD Requirements)Regulations 2019

   23.     Operation of amendments  

           Division 6--Amendments made by the Migration Agents Amendment (Regulation of Migration Agents)Regulations 2020

   24.     Definitions  
   25.     Operation of amendments relating to registration of migration agents--general