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CONTENTS
Migration Legislation Amendment Bill (No. 3)
1997
Date Introduced: 28 May 1997
House: House of Representatives
Portfolio: Immigration and Multicultural
Affairs
Commencement: Royal Assent
To extend the Migration Agents Registration Scheme for a further
six months to 21 March 1998.
The Migration Agents Registration Scheme (MARS) was established
in 1992 by the Migration Amendment Act (No. 3) 1992
following concerns about incompetent and unscrupulous conduct and
poor advice given by some people providing immigration
assistance.
MARS provides for:
- a registration scheme for would-be providers of immigration
advice;
- a code of conduct for registered agents;
- procedures for investigating complaints against agents;
- processes for suspending and deregistering agents; and
- criminal sanctions for unregistered practice.(1)
The legislation contains a 'sunset provision'.The scheme was
originally established for three years (until 21 September 1995)
with a government commitment to evaluate it after two years.(2)
In 1994, the then Minister for Immigration and Ethnic Affairs,
Senator the Hon Nick Bolkus, announced the terms of reference for
an inquiry into the scheme by the Joint Standing Committee on
Migration.The Committee presented its report entitled
Protecting the vulnerable? in May 1995.The report
concluded that after only two years of operation the scheme had
achieved mixed results but recommended that it be retained for
another three years.
On the basis of all the evidence presented toit, the Committee
concludes that the Scheme should be retained for the time being,
but that it should be reassessed by the Committee after a further
three years of operational experience.The Committee was swayed in
particular by the arguments that the Scheme only now is beginning
to show results and that further time is required to achieve the
Scheme's intended objective.(3)
The government extended the scheme for another 12 months so it
could consider the report.(4) The scheme has now been extended
twice, first until 21 September 1996(5), and then for another 12
months, until 21 September 1997(6), to allow for further
review.
In the Second Reading speech for this Bill, the Minister for
Immigration and Multicultural Affairs, the Hon Philip Ruddock said
that the scheme had recently been reviewed by a task force within
his Department, under the guidance of Mr Ian Spicer, former Chief
Executive of the Australian Chamber of Commerce and Industry.
[The Review] was supportive of the industry moving to
self-regulation where its members voluntarily join an industry body
and agree to meet the competency and ethical standards set by the
body.The body, in turn, sets in place procedures for disciplining
members who breach its code of conduct.(7)
The role of industry regulator is to be taken over by the
Migration Institute of Australia.(8)
With the revised deadline now just three months away, this Bill
seeks to extend the existing scheme for another six months, until
21 March 1998.This will give the government time to introduce
legislation for the statutory self regulation of the migration
advice industry.It will also allow the Migration Institute of
Australia time to establish the infrastructure to take on the new
self-regulation role.
There are only three amendments required to extend the existing
scheme by another six months to 21 March 1998.All amendments are to
the so-called 'sunset provisions' which terminate the scheme after
a specified time.
Item 2 of Schedule 1:The effect of the
amendment to s.333(1) of the Migration Act 1958is to
extend the Migration Agents Registration Scheme for another six
months until 21 March 1998.
Item 3 of Schedule 1:Amends s.333(4) to
read:
The regulations may provide for the refund of all or part of
registration application fees and renewal fees paid later than 21
March 1997.
Migration agents pay registration application fees and renewal
fees for a period of twelve months.(9) The Explanatory Memorandum
for this Bill says that this amendment is necessary so that when
the existing scheme is terminated:
Refunds may be provided for under the Migration Regulations for
fees paid later than 21 March 1997.
- Joint Standing Committee on Migration Report, Protecting the
vulnerable? the Migration Agents Registration Scheme, May 1995.
Canberra, AGPS, 1995.
- Hon Gerry Hand, Minister for Immigration, Local Government and
Ethnic Affairs, Parliamentary Debates (Hansard), House of
Representatives, 27 May 1992: 2937.
- op cit: Joint Standing Committee on Migration Report: 1
- Second Reading Speech Migration Legislation Amendment Bill (No.
5) 1995.
- Migration Legislation Amendment Bill (No. 5) 1995.
- Migration Legislation Amendment Bill (No. 1) 1996.
- Second Reading Speech Migration Legislation Amendment Bill (No.
3) 1997.
- The Migration Institute of Australia was established in 1992 as
the professional body representing the interests of the migration
consultancy industry in Australia. The Institute sets and monitors
the ethical and professional standards of its members. More
information about the Migration Institute of Australia is available
in The Australian immigration book by Peter Thoeming, edited by
John Sexton. Neutral Bay, Made-to-Measure Publications, 1997:
126
- Migration Act 1958 s.299.
Rosemary Bell
17 June 1997
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
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Last updated: 18 June 1997
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