Bills Digest 153 1996-97
Migration Legislation Amendment Bill (No. 3) 1997
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have any
official legal status. Other sources should be consulted to determine the
subsequent official status of the Bill.
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:
- 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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This Digest does not have any official legal status. Other sources should
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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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