Bills Digest No. 67 2001-02
Migration Agents Registration Application Charge Amendment Bill
2001
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
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CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Migration Agents Registration
Application Charge Amendment Bill 2001
Date Introduced: 23 August 2001
House: House of Representatives
Portfolio: Immigration and Multicultural Affairs
Commencement: Royal Assent
To increase the
charge limit in relation to migration agent registration
applications.
In 1989 the Migration Act 1958 was
amended to establish a regime for regulating the conduct of third
parties giving migration advice. Various controls were introduced
such as a ministerial veto on eligibility, maximum fee schedules,
activity reporting, and offences for false and misleading
representations with respect to migration decision making.
In September 1990 the Joint Standing Committee
on Migration Regulations reported that despite the new regulatory
measures negligent and unscrupulous activities and practices were
still taking place among migration agents.(1) In 1992
the Migration Act 1958 (the Act) was amended to require
that migration agents be registered to protect entrance applicants
from 'unscrupulous advisers and agents'.(2) In
introducing the Migration Amendment Bill (No.3) 1992 the Government
agreed that '[w]hile these were worthwhile initiatives, experience
has shown that they have not gone far enough in addressing the
problems'.
Accordingly, the Act prohibits a person who is
not registered as a migration agent from giving 'immigration
assistance' for a fee.(3) While this prohibition
originally applied to all persons or organisations, there are now
two exceptions. The Act does not prohibit a lawyer from giving
'immigration legal assistance',(4) or a parliamentarian
from giving 'immigration assistance'. The Act also provides that a
person who is not a registered agent must not ask for or receive
any fee or other reward for giving immigration
assistance.(5)
Once registered, migration agents and lawyers
must comply with the Code of Conduct prescribed in the Migration
Regulations 1994. The Migration Agents Registration Authority
monitors the conduct of registered agents in their provision of
immigration assistance and of lawyers in their provision of
immigration legal assistance.(6)
Alongside the Migration Amendment Bill (No.3)
1992 were two Bills dealing with registration charges. The
Migration Agents Registration (Application) Levy Bill 1992
imposed a levy for registration of persons seeking to give
immigration assistance for a fee ($1000 for a principal and $500
for an employee). The Migration Agents Registration
(Renewal) Levy Bill 1992 imposed the same levy for persons
renewing their registration.
The Migration Agents Registration Scheme (MARS)
was initially established for 3 years with an undertaking to review
after 2 years. However, it was given two temporary 12 month
extensions by Labor and Coalition Governments in 1995(7)
and 1996.(8) MARS was reviewed twice: in 1995 by the
Joint Standing Committee on Migration(9) and in 1997 by
a taskforce within the Department of Immigration and Multicultural
Affairs. The major recommendation of the latter review was to move
towards a light-touch regulatory framework or 'from government
backed regulation, to industry self-regulation'.
In 1997 this recommendation and other
recommendations were incorporated into the Migration Legislation
Amendment (Migration Agents) Bill 1997. Alongside this Bill were
the Migration Agents Registration Application Charge Bill
1997 and the Migration Agents Registration Renewal Charge
Bill 1997. The principal Bill repealed the levy regime effectively
replacing it with a flexible charge regime. Under this regime the
legislation imposes a general charge and sets a general inflation
indexed charge limit. The regulations prescribe the amounts, within
the charge limit, applicable to different kinds of applicant.
Both the Application and Renewal Bills set an
initial charge limit of $1100 in relation to applications for
registration or renewal of registration in the year ending 30 June
1998. As at 30 June 2001, the indexed charge limit was $1180. On 1
July 2001 the charges, as opposed to the charge limit, were
increased from $1085 to $1180 (registration) and from $870 to $950
(renewal).(10) As the Department of Immigration and
Multicultural Affairs has noted, the increase in the registration
charge was equivalent to the indexed charge limit.(11)
Thus, a higher charge limit is necessary for any future increases
in the registration charge.
Schedule 1, item 1 increases
the charge limit under the Migration Agents Registration
Application Charge Act 1997 to $1800 in relation to
registration applications in the year ending 30 June 2002.
Effectively, this is an increase in the indexed limit of at least
$620.
The remaining amendments secure the status quo
for registration applications in the year ending 30 June 2001
(item 2) or for registration applications made
between 1 July 2001 and the commencement of this Bill (item
3).
-
- Joint Standing Committee on Migration Regulations, 'Illegal
Entrants in Australia - Balancing Control and Compassion',
September 1990.
- Migration Amendment Act (No. 3) 1992.
- 'Immigration assistance' is defined in section 276.
- 'Immigration legal assistance' is defined in section
277.
- Section 281.
- Section 316.
- Migration Legislation Amendment Act (No. 5) 1995.
- Migration Legislation Amendment Act (No. 1) 1996.
- Joint Standing Committee on Migration, 'Protecting the
Vulnerable? The Migration Agents Registration Scheme', May 1995.
- Department of Immigration and Multicultural Affairs, Notice of
Legislation Change: effective 1 July 2001 - Migration Agents
Registration Application Charge Regulations 1998 at http://www.immi.gov.au/legislation/lc0601_10.htm
[25/09/01].
- Department of Immigration and Multicultural Affairs, Notice of
Legislation Change: effective 1 July 2001 - Migration Agents
Registration Application Charge Regulations 1998 at http://www.immi.gov.au/legislation/lc0601_10.htm
[25/09/01].
Nathan Hancock
26 September 2001
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2000
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