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MIGRATION AGENTS REGULATIONS (AMENDMENT) 1994 NO. 264

MIGRATION AGENTS REGULATIONS (AMENDMENT) 1994 NO. 264

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 264

Issued by the Authority of the Minister for Immigration and Ethnic Affairs

Subject - Migration Act 1958

Migration Agents Regulations (Amendment)

Amendments to the Migration Act 1958 (the Act) commence on 1 September 1994. These amendments include amendments which renumber the provisions of the Act. These Regulations are made to commence on 1 September 1994 to implement changes necessary as a result of the amendments to the Act. All references in this Explanatory Statement are to the renumbered provisions as they will exist on 1 September 1994.

The Act provides the regulation making powers set out below which enable these regulations to be made. Where necessary subsection 4 (1) of the Acts Interpretation Act 1901 is relied upon. That subsection provides that where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation.

Section 504 of the Act provides that the Governor-General may make regulations for the purposes of the Act. Without limiting the generality of section 504, section 292 of the Act enables regulations to be made prescribing qualifications for the purposes of registration as a migration agent and section 314 of the Act enables the regulations to prescribe a Code of Conduct for migration agents.

The purpose of the Regulations is to make amendments to the Migration Agents Regulations to implement changes to the Act that will commence on 1 September 1994 and to reflect administrative changes to the name of the Department. None of these amendments involve a substantive change in policy.

Details of the Regulations are as follows:

Regulation 1 - Commencement

This regulation provides for the Regulations to commence on 1 September 1994.

Regulation 2 - Amendment

This regulation provides for the Migration Agents Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 4 (Prescribed qualifications)

This regulation amends subregulations 4(1) and (3) of the Migration Agents Regulations by omitting the reference to paragraph 114T(1)(f) of the Act and substituting a reference to paragraph 292(1)(f) to reflect the renumbering of the paragraph by section 83 of the Migration Legislation Amendment Act 1994.

Regulation 4 - Regulation 5 (Code of Conduct)

This regulation amends regulation 5 of the Migration Agents Regulations by omitting the reference to subsection 114ZR(1) of the Act and substituting a reference to subsection 314(1), to reflect the renumbering of the subsection by section 83 of the Migration Legislation Amendment Act 1994.

Regulation 5 - Schedule (Code of conduct)

Subregulation 5.1 amends the heading of the Schedule by omitting the reference to section 114ZR of the Act and substituting a reference to section 314 to reflect the renumbering of the section by section 83 of the Migration Legislation Amendment Act 1994.

Subregulation 5.2 amends Clause 15 of the Schedule to reflect administrative changes in the name of the Department.

Subregulation 5.3 amends Clause 17 of the Schedule to omit a reference to "entry permit" and substitute a reference to "visa".

Subregulation 5.4 amends Clause 18 of the Schedule to reflect administrative changes in the name of the Department.

Subregulation 5.5 amends the address at the end of the Schedule to reflect administrative changes in name of the Department.

The Regulations commence on 1 September 1994.

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