Commonwealth Numbered Regulations - Explanatory Statements

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MIGRATION AGENTS REGULATIONS (AMENDMENT) 1996 NO. 79

STATUTORY RULES 1996 No. 79

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

Migration Act 1958

Migration Agents Regulations (Amendment)

Section 504 of the Migration Act 1958 (the Act) provides for the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which by this 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, subsection 314(1) of the Act provides that the regulations may prescribe a Code of Conduct for migration agents.

The purpose of these Regulations is to make amendments to the Migration Agents Regulations to:

*       clarify the obligations of migration agents to keep proper records (including financial records) of their dealings with and on behalf of their clients, and to keep clients regularly informed of the progress of a case or application being conducted on the client's behalf,

*       provide that migration agents must not engage in false or misleading advertising;

*       prescribe how migration agents must refer to their registration number when advertising;

*       prescribe a migration agent's obligation to keep clients and the Migration Agents Registration Board informed of the agent's changes in address; and

*       amend references to the Department's name.

Details of the Regulations are set out in the Attachment.

ATTACHMENT

Regulation 1 - Commencement

These Regulations commence on 1 August 1996.

Regulation 2 - Amendment

The Migration Agents Regulations are amended by these Regulations.

Regulation 3 - Schedule (Code of conduct)

The Schedule of the Migration Agents Regulations is the Migration Agents Code of Conduct ("the Code of Conduct").

Subregulation 3.1 simplifies clause 2 of the Code of Conduct by omitting an unnecessary reference to the Migration Act.

Subregulation 3.2 adds new clauses 7A and 7B to the Code of Conduct.

*       Clause 7A requires a migration agent to confirm each client's instructions in writing, to act in accordance with the client's instructions, to keep each client fully and regularly informed of the progress of the case or application that the migration agent is handling on the client's behalf, and to inform the client of the outcome of the case or application within a reasonable time.

*       Clause 7B obliges a migration agent to complete work as instructed by the client except where the client and migration agent agree otherwise, or where the agency arrangement is terminated. A migration agent may terminate the agreement for just cause but must give the client written notice.

Subregulation 3.3 omits existing clause 9 and substitutes a similar provision that provides that a migration agent must not engage in false or misleading advertising in relation to the agent's registration, the implications of Government policy for the success of applications, or guaranteeing the success of applications.

Subregulation 3.4 omits existing clause 10 (which requires migration agents to display their registration number when advertising) and substitutes a new clause which prescribes the wording that must be used when quoting the agent's registration number when advertising. The new provision makes clear that registration does not imply a special relationship with, or endorsement by, the Department or the Government.

Subregulation 3.5 amends the name of the Department in clause 15.

Subregulation 3.6 amends the name of the Department in clause 18.

Subregulation 3.7 adds a new clause 25A which requires migration agents to maintain an address and telephone number where they can be contacted during normal business hours. A migration agent must also notify the Migration Agents Registration Board and the agent's clients of any changes in the agent's business address, telephone number or other details. This notice should be given in advance of the change, but in any event not later than 7 days after the change.

Subregulation 3.8 omits existing clause 27 which subregulation 3.9 of these regulations replaces with new provisions.

Subregulation 3.9 adds new clauses to the Migration Agents Regulations.

Clause 27 requires migration agents to maintain records of dealings with clients, including all written communications and file records of oral communications, and to make these records available upon request to the Migration Agents Registration Board.

Clause 27A requires a migration agent to respond within a reasonable time to requests for information that are made by the Migration Agents Registration Board.

New clauses 28, 28A and 28B are included in a new section entitled "Financial Duties".

Clause 28 requires migrant agents to keep separate banking accounts for their own money and their clients' money. A client's money is not to be used in payment of the migration agent's professional services until completion by the migration agent of the work contracted for. A migration agent may make relevant disbursements on the client's behalf from the client's account.

Clause 28A requires migration agents to keep proper and detailed financial records of the money that is paid to them by clients and of the payments that they make on clients' behalf Financial records kept by migration agents must be made available for inspection on request by the Migration Agents Registration Board.

Clause 28B provides that clauses 28 and 28A do not affect the legal obligations of migration agents who are legal practitioners with respect to client money in those cases where the migration agent is acting as a legal practitioner.

Subregulation 3.10 amends a reference to the former name of the Department.