EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 131

 

Issued by the Minister for Immigration

and Multicultural and Indigenous Affairs

 

 

Migration Act 1958

 

Migration Agents Amendment Regulations 2005 (No. 1)

 

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides, in part, that the

Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

In addition, regulations may be made pursuant to the provisions listed in Attachment A.

 

The purpose of the Regulations is to amend the Migration Agents Regulations 1998 (the Principal Regulations) to more effectively regulate the conduct of migration agents and improve consumer protection.

In particular, the Regulations amend the Principal Regulations to:

·        prescribe the amount of professional indemnity insurance (PII) required by registered migration agents in accordance with recommendations made under the 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry (the 2001-02 Review);

·        facilitate the registration of overseas agents who hold Australian permanent visas;

·        ensure disclosure of average fees charged by registered migration agents in accordance with recommendations made under the 2001-02 Review;

·        clarify migration agent obligations relating to advertising, the advising of clients, and client rights and responsibilities; and

·        make additional technical amendments as recommended by the Senate Standing Committee on Regulations and Ordinances.  

Details of the Regulations are set out in Attachment B.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

Schedule 1 to the Regulations commences on 1 July 2005. Schedule 2 to the Regulations commences on 1 July 2006.

The Office of Regulation Review in the Productivity Commission has been consulted and advises that the regulations are not likely to have a direct effect, or substantial indirect effect, on business and are not likely to restrict competition.

The following external agencies and other bodies were consulted in relation to the Regulations:

·        Migration Agents Registration Authority, Migration Institute Australia, Immigration Lawyers Association of Australasia, Law Council of Australia, Law Institute of Victoria, Office of the Legal Services Commission, Attorney-General’s Department, Australian Prudential Regulation Authority, Insurance Council of Australia, Rowland House Insurance Brokers Pty Ltd, and various current registered migration agents to determine the minimum level of professional indemnity insurance to be held at the time of registration for commercial migration agents, non-commercial migration agents and lawyer-agents;

·        Migration Agents Registration Authority in determining migration agent obligations relating to advertising, the advising of clients, and client rights and responsibilities.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

0501145B-050419Z

 

ATTACHMENT A

 

 

Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 5(1) of the Act provides, amongst other things, that “prescribed” means prescribed by the regulations. 

In addition to subsection 504(1), the following provisions may apply:

·        subsection 280(1) of the Act, which provides that a person who is not a registered migration agent must not give immigration assistance;

·        subsection 292B(1) of the Act, which provides that an applicant must not be registered unless the Migration Agents Registration Authority (the Authority) is satisfied that he or she has professional indemnity insurance (PII) of a kind prescribed by the regulations;

·        section 294 of the Act, which provides that an applicant must not be registered unless he or she is an Australian citizen, or an Australian permanent resident (within the meaning of the regulations), or a New Zealand citizen who holds a special category visa;

·        subsection 306AC(5) of the Act, which provides that in deciding whether or not to refer a registered migration agent to the Authority under section 306AC, the Minister must have regard to any matter prescribed by the regulations;  

·        paragraph 308(1)(c) of the Act, which provides that the Authority may require a registered migration agent to provide the Authority with specified documents or records relevant to the agent’s continued registration;

·        subsection 311H(2) of the Act, which provides that in deciding whether or not to refer a former registered migration agent to the Authority for disciplinary action, the Minister must have regard to any matter prescribed by the regulations;

·        subsections 314(1) and (2) of the Act, which provide that the regulations may prescribe a Code of Conduct for migration agents and a registered migration agent must conduct himself or herself in accordance with the prescribed Code of Conduct; 

·        subsection 316(1) of the Act, which provides that the functions of the Authority are to: deal with registration applications; monitor the conduct of registered migration agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance; investigate complaints in relation to registered migration agents; to take disciplinary action against registered migration agents or former registered migration agents; to investigate complaints about lawyers in relation to their provision of immigration legal assistance, and referring appropriate cases to professional associations for disciplinary action; to inform the appropriate prosecuting authorities about apparent offences; and to monitor the adequacy of the Code of Conduct and such other functions; and    

·        section 317 of the Act, which provides that the Authority has power to do all things necessarily or conveniently done for, or in connection with, the performance of its functions.

 

 

 

ATTACHMENT B

 

Details of the proposed Migration Agents Amendment Regulations 2005 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that these Regulations are the Migration Agents Amendment Regulations 2005 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that regulations 1 to 4 and Schedule 1 to the Regulations commence on 1 July 2005 and Schedule 2 to the Regulations commences on 1 July 2006.

 

Regulation 3 – Amendment of Migration Agents Regulations 1998

 

This regulation provides that Schedule 1 to these Regulations amends the Migration Agents Regulations 1998 (the Principal Regulations) as amended by the Migration Agents Amendment Regulations 2004 (No. 2) (the Amendment Regulations) and that Schedule 2 amends the Principal Regulations.

 

Regulation 4 - Transitional

 

This regulation provides that regulation 6C of the Principal Regulations, inserted by item [8] of Schedule 1 to these Regulations, applies to an application for registration made, but not decided by the Migration Agents Registration Authority (the Authority), before 1 July 2005, or made on or after 1 July 2005. 

 

Schedule 1 – Amendments commencing on 1 July 2005

 

Item [1] Regulation 3J

 

This item inserts new subregulation 3J(1) into regulation 3J in Division 2.4 ‘Infringement notices relating to giving of immigration assistance’ of Part 2 ‘Immigration assistance given to persons not registered’ of the Principal Regulations. This amendment is consequential to the insertion of new subregulation 3J(2) in Division 2.4 of Part 2 of the Principal Regulations by these Regulations (see Item [2] below). 

 

Item [2] Regulation 3J

 

This item inserts new subregulation 3J(2) after new subregulation 3J(1) in Division 2.4 of Part 2 of the Principal Regulations.

 

New subregulation 3J(2) provides that to avoid doubt, if an authorised officer has reason to believe that a person has committed 2 or more offences of the same kind, he or she may serve a separate infringement notice on the person in accordance with Division 2.4 in respect of each alleged offence.

 

An “offence” is defined in regulation 3I in Division 2.4 of Part 2 of the Principal Regulations as the giving of immigration assistance by a person who is not a registered migration agent (subsection 280(1) of the Act).

 

The purpose of this amendment is to clarify that separate infringement notices may be served on an individual, who has allegedly committed 2 or more offences of the same kind, in respect of each of those alleged offences. This amendment aims to clarify the infringement notice scheme in Division 2.4 of Part 2 of the Principal Regulations, as suggested by the Senate Standing Committee on Regulations and Ordinances (the Senate Standing Committee).   

 

Item [3] After subregulation 3M(5)

 

This item inserts new subregulation 3M(6) after subregulation 3M(5) in Division 2.4 of Part 2 of the Principal Regulations.

 

New subregulation 3M(6) provides that if 2 or more infringement notices are served on a person in respect of separate alleged offences, regulation 3M applies only in respect of the alleged offence or offences in respect of which the penalty is paid in accordance with subregulation 3M(1).

 

The purpose of this amendment is to clarify that if a person pays the penalty in accordance with subregulation 3M(1) in respect of an alleged offence for which an infringement notice has been issued, they are discharged from any further liability, no further proceedings may be taken and the person is not taken to have been convicted for the purposes of regulation 3M in relation to that alleged offence only, but can remain liable in respect of any other alleged offence. This amendment aims to clarify the infringement notice scheme in Division 2.4 of Part 2 of the Principal Regulations, as suggested by the Senate Standing Committee.     

 

Item [4] Regulation 3N, at the foot

 

This item inserts an Example at the foot of regulation 3N in Division 2.4 of Part 2 of the Principal Regulations. This Example provides that an infringement notice may be withdrawn by an authorised officer for the purposes of further investigation of the alleged offence.

 

The purpose of this amendment is to provide an example in which an infringement notice can be withdrawn for the purposes of regulation 3N, such as for further investigation with respect to an alleged offence. As a result of further investigation into an alleged offence, there are 3 possible outcomes: (1) an error has been identified and no further action is taken; (2) evidence suggests that an offence was committed and that the issuing of the infringement notice was in fact warranted. In these circumstances, the issuing of a further infringement notice in respect of that offence would be appropriate; (3) after reassessing the evidence, the authorised officer has reason to believe that the offence is not minor in nature and thus should not be dealt with administratively by the serving of an infringement notice. Instead the person may be prosecuted for that offence. This amendment aims to clarify the infringement notice scheme in Division 2.4 of Part 2 of the Principal Regulations, as suggested by the Senate Standing Committee.   

Item [5] Regulation 3O, at the foot

 

This item inserts a Note at the foot of regulation 3O ‘Refund of penalty if notice withdrawn’ in Division 2.4 of Part 2 of the Principal Regulations. The new note provides that in accordance with subregulation 3M(5), if an amount is refunded to a person under regulation 3O in respect of a penalty paid in accordance with an infringement notice that has been withdrawn, regulation 3M does not apply in relation to an alleged offence for which the infringement notice was issued. Accordingly, the person’s liability in relation to the alleged offence is not discharged, further proceedings may be taken in relation to the alleged offence and the person may be convicted of the alleged offence.

 

The purpose of this Note is to clarify that a person who has had an infringement notice in relation to an alleged offence withdrawn and their money refunded under regulation 3O, will continue to remain liable for that alleged offence. This amendment aims to clarify the infringement notice scheme in Division 2.4 of Part 2 of the Principal Regulations, as suggested by the Senate Standing Committee.

 

Item [6] Regulation 3Q

 

This item substitutes regulation 3Q (which allows for serving of more than one infringement notice for the same offence) with new regulation 3Q in Division 2.4 of Part 2 of the Principal Regulations.

 

New regulation 3Q provides that if an infringement notice is served on a person in relation to an alleged offence and the infringement notice is withdrawn, nothing in Division 2.4 prevents a further infringement notice being served on the person in relation to that alleged offence.

 

The purpose of this amendment is to clarify that more than one infringement notice can be issued in relation to the same alleged offence where an earlier infringement notice in relation to that offence has been withdrawn. This amendment aims to clarify the infringement notice scheme in Division 2.4 of Part 2 of the Principal Regulations, as suggested by the Senate Standing Committee.     

 

Item [7] Regulation 3XA

 

This item substitutes regulation 3XA of Part 3 ‘Migration Agents and Immigration Assistance’ of the Principal Regulations, as inserted by the Amendment Regulations.   

 

New regulation 3XA provides that an individual who applies for repeat registration must submit with the registration application an approved form identifying the average fees charged by the individual, as a registered migration agent, during the 12 months immediately before the individual applies for repeat registration.

 

New regulation 3XA is followed by a Note which provides that the meaning of “repeat registration” is specified in regulation 3 of Part 1 of the Principal Regulations as amended by the Amendment Regulations.

 

According to the definition of “repeat registration” in regulation 3, an individual applies for repeat registration if the individual applies for registration and has been registered at some time in the period of 12 months before making the application.

 

The purpose of this amendment is to ensure that all migration agents who apply for repeat registration provide to the Authority information, which will in turn become publicly available, setting out the average fees for specified services they provided to their clients over a period of 12 months immediately preceding the time of their repeat registration. This amendment facilitates the implementation of part of Recommendation 26 of the 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry (the 2001-02 Review), which suggested that migration agent “average fee” information be made available to better ensure clients receive value for money.   

 

Item [8] After regulation 6A

 

This item inserts new regulation 6B after regulation 6A of Part 3 of the Principal Regulations.

 

New subregulation 6B(1) provides that for subsection 292B(1) of the Act, which makes it a mandatory requirement for registration as a migration agent that an applicant satisfy the Authority that he or she has professional indemnity insurance (PII), an individual or an organisation of which the individual is a director, employee or member must hold PII for at least $250,000.

 

New subregulation 6B(2) provides that new subregulation 6B(1) does not apply, before

1 July 2006, to an individual who acts as disclosed in the individual’s registration application solely on a non-commercial or non-profit basis and as a member of, or a person associated with, an organisation that operates in Australia solely on a non-commercial or non-profit basis.

 

This item inserts a Note at the foot of new subregulation 6B(2) of the Principal Regulations. This new Note provides that from 1 July 2006, a registered migration agent who acts solely on the non-commercial basis described in subregulation 6B(2) will be required to have PII of the kind prescribed in subregulation 6B(1).

 

New subregulation 6B(3) provides that an individual is taken to have complied with new subregulation 6B(1) if he or she is:

·        a member or employee of a partnership; or

·        a director or employee of an incorporated legal practice; or

·        a sole legal practitioner or an employee of a sole legal practitioner; and

has satisfied the Authority that he or she has a current legal practising certificate. 

 

This item inserts a Note at the foot of new subregulation 6B(3) of the Principal Regulations. The new Note explains that an individual described in new subregulation 6B(3) would already hold PII for at least $250,000 as part of the requirements for their current legal practising certificate. The individual would not need to provide evidence of PII to the Authority once the Authority is satisfied that the individual has the certificate. Further, an individual who is not mentioned in new subregulation 6B(3) will need to provide evidence to satisfy the Authority that the individual has PII for at least $250,000.

 

The purpose of new subregulation 6B(1) is to prescribe the details of the PII scheme for the purposes of subsection 292(B)(1) of the Act. This amendment facilitates the implementation of part of Recommendation 16 of the 2001-02 Review, which suggested that migration agents hold PII at a specified minimum level to better protect clients from professional negligence. The Department of Immigration and Multicultural and Indigenous Affairs (the Department) agreed that, in light of a submission paper entitled ‘Mandatory Professional Indemnity Insurance for Migration Agents Onshore – Implementation Issues’  issued in May 2004, and comments received from various stakeholders such as the Migration Institute Australia (MIA), in order to effectively protect consumers, accommodate small operating commercial agents and to maintain consistency with current standards set for practising lawyers, the proposed minimum PII cover for commercial migration agents be set at $250,000. 

 

The purpose of new subregulation 6B(2) and the new Note is to ensure that by delaying the date on which non-commercial agents are required to hold PII to 1 July 2006, non-commercial agents are not adversely affected by the introduction of the PII scheme, and are given sufficient time to search for an affordable policy.

 

The purpose of new subregulation 6B(3)and the new Notes is to also ensure that certain lawyer-agents who already hold PII for at least $250,000 by virtue of their current legal practising certificate are exempted from having to provide evidence that they hold PII for the purposes of subsection 292B(1) of the Act, if they have satisfied the Authority that they have a current legal practising certificate.

 

This item also inserts new subregulation 6C after new subregulation 6B of Part 3 of the Principal Regulations. New subregulation 6C provides that for paragraph 294(1)(b) of the Act (which provides that an applicant must not be registered as a migration agent unless he or she is an Australian permanent resident (within the meaning of the regulations)), “Australian permanent resident” means a non-citizen who is the holder of a permanent visa.  

 

The purpose of this amendment is to specify the definition of “Australian permanent resident” for the purposes of paragraph 294(1)(b) of the Act and allow for the registration of agents who are holders of an Australian permanent visa, but who primarily reside overseas and would not otherwise meet the requirements of ‘usually resident in Australia’ as provided for in the definition of “Australian permanent resident” prior to the making of these Regulations. This will streamline the Authority’s registration process and broaden the range of people who can seek to be registered as agents and subsequently be subject to the Authority’s Code of Conduct. 

 

Item [9] Regulation 7D

 

This item inserts a reference to ‘subsection 311H(2)’ of the Act in regulation 7D of Part 3 of the Principal Regulations. This amendment prescribes for subsections 306AC(5) and 311H(2), the matters to be considered when referring agents to the Authority.

 

Subsections 306AC(5) and 311H(2) of the Act provide that the Minister may have regard to any matter prescribed by the regulations in deciding whether or not to refer a ‘current’ or a ‘former’ registered migration agents respectively, to the Authority for engaging in vexatious activities.

 

The purpose of this amendment is to remedy an earlier oversight where it was intended that all matters prescribed under regulation 7D of the Principal Regulations are to be considered when deciding to refer a ‘former’ as well as a ‘current’ registered migration agent to the Authority. 

 

Item [10] Subparagraph 7D(a)(i)

 

This item inserts reference to ‘former registered migration agent’s’ in subparagraph 7D(a)(i) of Part 3 of the Principal Regulations. This is a technical amendment and is consequential to the insertion of the reference to ‘subsection 311H(2)’ of the Act in regulation 7D of Part 3 of the Principal Regulations by these Regulations, (by Item [9] above). 

 

Item [11] Paragraph 7D(b)

 

This item inserts reference to ‘former registered migration agent’s’ in paragraph 7D(b) of Part 3 of the Principal Regulations. This is a technical amendment and is consequential to the insertion of the reference to ‘subsection 311H(2)’ of the Act in regulation 7D of Part 3 of the Principal Regulations by these Regulations, (by Item [9] above).

 

Item [12] Paragraph 7D(c)

 

This item inserts reference to ‘former registered migration agent’s’ in paragraph 7D(c) of Part 3 of the Principal Regulations. This is a technical amendment and is consequential to the insertion of the reference to ‘subsection 311H(2)’ of the Act in regulation 7D of Part 3 of the Principal Regulations by these Regulations, (by Item [9] above).

 

Item [13] Paragraph 7D(d)

 

This item inserts reference to ‘former registered migration agent’s’ in paragraph 7D(d) of Part 3 of the Principal Regulations. This is a technical amendment and is consequential to the insertion of the reference to ‘subsection 311H(2)’ of the Act in regulation 7D of Part 3 of the Principal Regulations by these Regulations, (by Item [9] above).

 

Item [14] Regulation 9, note 2

 

This item makes a minor technical amendment to Note 2 in regulation 9 of Part 3 of the Principal Regulations.

The purpose of the amendment is to remedy the incorrect reference to section 273 of the Act in Note 2 in regulation 9 of Part 3 of the Principal Regulations. A correct reference to section 275 has been inserted instead.   

Item [15] Before regulation 10

 

This item inserts the heading ‘Part 4 Miscellaneous’ before regulation 10 of Part 3 of the Principal Regulations. This is a technical amendment and is consequential to the insertion of regulation 11 relating to “Approved forms” after regulation 10 of Part 3 of the Principal Regulations by these Regulations, (see Item [16] below). 

 

The purpose of this amendment is to set out in Part 3 of the Principal Regulations any miscellaneous provisions, such as those relating to “Approved forms” mentioned in new regulation 3XA of Part 3 of the Principal Regulations, as inserted by these Regulations. 

 

 

 

 

Item [16] After regulation 10

 

This item inserts new regulation 11 relating to “Approved forms” after regulation 10 of Part 3 of the Principal Regulations.

 

New subregulation 11(1) provides that the Authority may, in writing, approve forms for:

-         use in making an application for registration; or

-         any other purpose authorised or required by the Principal Regulations.

 

New subregulation 11(2) defines an approved form as the following:

-         a paper form;

-         an interactive computer program that is made available at an Internet site operated under the authority of the Authority.

 

This is a technical amendment and is consequential to the insertion of regulation 3XA of

Part 3 of the Principal Regulations by these Regulations (see Item [7] above), which requires individuals who apply for repeat registration to submit with their registration application an approved form identifying the average fees charged by the individual, as a registered migration agent, during the 12 months immediately before the individual applies for repeat registration. 

 

Item [17] Schedule 2, clause 2.3A

 

This item omits the reference to ‘The Authority recommends the holding of adequate professional indemnity insurance as a suitable arrangement’ in clause 2.3A of Part 2 of Schedule 2 to the Principal Regulations. This is a technical amendment and is consequential to the insertion of new regulation 6B after regulation 6A of Part 3 of the Principal Regulations by these Regulations, (by Item [8] above).  

 

Item [18] Schedule 2, paragraph 2.8(a)

 

This item amends paragraph 2.8(a) of Schedule 2 to the Principal Regulations to provide that a registered migration agent must within a reasonable time after agreeing to represent a client, confirm the client’s instructions in writing to the client.   

 

The purpose of the amendment is to ensure that a registered agent, after agreeing to represent a client, confirms those instructions in writing and provides the written confirmation to the client rather than keeping it on the agent’s file.     

Item [19] Schedule 2, clause 2.11, including the note

 

This item substitutes clause 2.11 and the Note with new clause 2.11 and 2 Notes into Schedule 2 to the Principal Regulations. New clause 2.11 provides that a registered migration agent must, when advertising:

·        include in the advertisement the words “Migration Agents Registration Number” or “MARN”, followed by the agent’s individual registration number; and

·        if the agent is advertising in a language other than English – include in the advertisement words in that other language equivalent to “Migration Agents Registration Number” or “MARN”, followed by the agent’s individual registration number.

 

This item substitutes the Note at the foot of clause 2.11 of the Principal Regulations with new Notes 1 and 2. New Note 1 renumbers the Note at the foot of clause 2.11 and a new Note 2 is inserted under Note 1 which provides that clause 2.12, which relates to implying a relationship with DIMIA or the Authority, also applies to a registered migration agent’s advertising for the purposes of new clause 2.11.

 

The purpose of new clause 2.11 is to increase consumer awareness by making it a requirement that registered agents, who advertise in a language other than English, also include in the advertisement the words “Migration Agents Registration Number” or “MARN” in that other language.

 

The purpose of the new Note is to clarify that clause 2.12, which prevents a registered agent from implying a relationship with DIMIA or the Authority when advertising, also applies for the purposes of new clause 2.11.

 

Item [20] Schedule 2, paragraph 2.17(b)

 

This item amends paragraph 2.17(b) of Schedule 2 to the Principal Regulations to provide that if an application under the Act or the Regulations is vexatious or grossly unfounded (for example, an application that has no hope of success) a registered migration agent must advise the client in writing that, in the agent’s opinion, the application is vexatious or grossly unfounded.

 

The purpose of this amendment is to make it mandatory that when a registered agent advises a client that in their opinion an application is vexatious or grossly unfounded, the giving of this advice is in writing. Evidence of such a document is particularly useful when the agent has been referred to the Authority for disciplinary action under Divisions 3AA or 4A of Part 3 of the Act on the basis of having a high visa application refusal rate.

 

Item [21] Schedule 2, after clause 6.2       

 

This item inserts new clause 6.2A after clause 6.2 of Part 6 of Schedule 2 to the Principal Regulations. New clause 6.2A provides that for clause 6.2, the documents to which a client is entitled include (but are not limited to) documents that are:

·        provided by, or on behalf of, the client; and

·        paid for by, or on behalf of the client;

such as passports, birth certificates, qualifications, photographs and other personal documents.

 

The purpose of this amendment is to identify the documents to which a client is entitled and which are returnable to the client for the purposes of clause 6.2. Clause 6.2 makes it mandatory for a registered agent to keep all documents to which a client is entitled securely and in a way that will ensure confidentiality.   

 

 

 

 

 

 

Schedule 2 – Amendments commencing on 1 July 2006

 

Item [1] Subregulation 6B(2) and (3), including the notes

 

This item substitutes subregulations 6B(2) and (3), including the Notes as inserted by Schedule 1 to these Regulations, with new subregulation 6B(2) of Part 3 of the Principal Regulations. New subregulation 6B(2) provides that an individual is taken to have complied with new subregulation 6B(1) as inserted by these Regulations, if he or she is:

·        a member or employee of a partnership; or

·        a director or employee of an incorporated legal practice; or

·        a sole legal practitioner or an employee of a sole legal practitioner; and

has satisfied the Authority that he or she has a current legal practising certificate. 

 

This item inserts a Note at the foot of new subregulation 6B(2) of the Principal Regulations. The new Notes provide that an individual described in new subregulation 6B(2) would already hold PII for at least $250,000 as part of the requirements for their current legal practising certificate. The individual would not need to provide evidence of PII to the Authority once the Authority is satisfied that the individual has the certificate. Further, an individual who is not mentioned in new subregulation 6B(2) will need to provide evidence to satisfy the Authority that the individual has PII for at least $250,000.

 

The purpose of new subregulation 6B(2) and the Note is to omit reference to non-commercial agents as being exempt from holding PII from 1 July 2005, as inserted by these Regulations, (by Item [8] above). This ensures that non-commercial agents are required to hold PII from

1 July 2006 with a minimum cover set at $250,000. It also ensures that certain lawyer-agents who already hold PII for at least $250,000 by virtue of their current legal practising certificate are exempted from having to provide evidence to the Authority that they hold PII for the purposes of subsection 292B(1) of the Act, if they have satisfied the Authority that they have a current legal practising certificate.