25 August 2020 - Nominations for membership of the Migration Advice Industry Group
The Department of Home Affairs is now seeking nominations for membership of the Migration Advice Industry Advisory Group from experts with demonstrated practical experience in the migration advice industry. You can find further information and the nomination form at
Migration Advice Industry Advisory Group Nomination.
14 August 2020 - Implementation of the Acts Package
The
Migration Amendment (Regulation of Migration Agents) Act 2020 and
Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (the Acts Package) received the Royal Assent on 22 June 2020. The subordinate regulations -
Migration Agents Regulations 1998 and
Migration Agents Registration Application Charge Regulations 1998 – will be amended accordingly, and the commencement of the amendments will be linked to the relevant schedules of the Acts Package.
The Acts Package removes the requirement for unrestricted legal practising certificate holders who give immigration assistance to register with the OMARA. The key schedule of the Acts Package will commence no later than 22 March 2021 (nine months after the Royal Assent). Until that time, legal practitioners must continue to register with the OMARA and pay an application fee to provide immigration assistance. Penalties still apply for providing immigration assistance if not a registered migration agent or exempt person. Another schedule, together with the amended regulations, will increase the period available to an individual to apply for repeat registration as a registered migration agent (RMA) from 12 months to three years. This schedule will commence at the same time. We will provide comprehensive advice to the industry in the lead up to the commencement of these provisions.
On 11 August, some other measures of the Acts Package came into force, including:
removing redundant provisions in Part 3 of the
Migration Act 1958, which governs RMAs.
allowing the OMARA to refuse an application for registration as an RMA if the applicant does not provide requested information, instead of leaving the application unfinalised indefinitely. This change will improve the administrative efficiency of the OMARA.
expansion of the definitions of immigration assistance and makes immigration representations for the purposes of Part 3 of the
Migration Act 1958. These definitions now include assisting a person to make a representation to the Minister in relation to the revocation of a visa refusal or cancellation decision on character grounds under section 501C or 501CA. These amendments will deter those not registered as RMAs from assisting another person in making such representations to the Minister, and penalties will apply. Visa refusals and cancellations on character grounds are complex matters and the impact on an affected individual of poor advice or representation has the potential to be very damaging. As such, this amendment would better protect vulnerable consumers by ensuring only RMAs can lawfully assist them.
On 15 October, a further amendment came into force. It clarifies that an RMA who has paid the non commercial application charge, but gives immigration assistance otherwise than on a non commercial basis, is liable to pay an adjusted charge.
The Acts are accessible from the
Federal Register of Legislation.
14 August 2020 - Capstone announcement
We bring to your attention that the
College of Law has made an announcement on their website regarding the future delivery of the Migration Agents Capstone Assessment.
Further information about the future delivery of the Migration Agents Capstone Assessment is available on the Capstone frequently asked questions (FAQs).
If the FAQs do not address your particular issue, and you require further information from the Department of Home Affairs, please contact Capstoneenquiries@homeaffairs.gov.au
17 June 2020 - Bill package passes the Senate
The Migration Amendment (Regulation of Migration Agents) Bill 2019 and Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 (the Bill package) passed the Senate on Monday 15 June 2020.
The Bill package comprises several different parts across the two pieces of legislation - the Migration Amendment (Regulation of Migration Agents) Bill 2019 and Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019.
You can read about the Bills in detail.
In general terms, most of the Bill package will commence six or nine months after the Royal Assent, or at specified dates within that six or nine month period. The Bills are expected to receive the Royal Assent in the next few working days. The Department of Home Affairs will provide comprehensive advice to the industry closer to the commencement dates to allow them to prepare for the changes to the regulatory framework.
There is no change to current legislative requirements until the Bills commence. Until that time, legal practitioners still need to register with the OMARA and pay an application fee in order to provide immigration assistance. Penalties still apply for providing immigration assistance if not a registered migration agent or exempt person.
There will be no refund on the registration (or repeat registration) application charge for legal practitioners who will be removed from the OMARA regulatory framework at the commencement of the Bill package. The registration application charge imposed by section 4 of the
Migration Agents Registration Application Charge Act 1997 is for the assessment of a registration application, which is completed when a registration application is assessed and decided. It is not a yearly registration fee. Pursuant to section 288(7) of the
Migration Act 1958, registration application fees are non-refundable.
Further details on implementing these changes will be provided as they come to hand.
