Migration Legislation Amendment (Migration Agents) Act 1999 No. 175, 1999
Migration Legislation Amendment (Migration Agents) Act 1999 No. 175, 1999 An Act to amend the Migration Act 1958, and for other purposes
Contents 1............ Short title............................................................................................ 1 2............ Commencement.................................................................................. 1 3............ Schedule(s).......................................................................................... 2 Schedule 1—Amendments commencing on Royal Assent 3 Migration Act 1958 3 Schedule 2—Amendments commencing on Proclamation 4 Migration Act 1958 4
Migration Legislation Amendment (Migration Agents) Act 1999 No. 175, 1999
An Act to amend the Migration Act 1958, and for other purposes The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Migration Agents) Act 1999.
2 Commencement
(1) The following provisions of this Act commence on the day on which this Act receives the Royal Assent: (a) sections 1, 2 and 3; (b) Schedule 1. (2) Subject to subsection (3), Schedule 2 commences on a day to be fixed by Proclamation. (3) If Schedule 2 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments commencing on Royal Assent
Migration Act 1958 1 Division 7 of Part 3 (heading) Repeal the heading, substitute:
Division 7—Part ceases to be in force on 21 March 2003
2 Subsection 333(1) Omit “21 March 2000”, substitute “21 March 2003”. Note: The heading to section 333 is altered by omitting “21 March 2000” and substituting “21 March 2003”. 3 Subsection 333(4) Omit “21 March 1999”, substitute “21 March 2002”.
Schedule 2—Amendments commencing on Proclamation
Migration Act 1958 1 Subparagraphs 305(1)(b)(ii), (iii) and (iv) Repeal the subparagraphs, substitute: (ii) specifies the grounds for the cancellation or suspension. 2 At the end of section 305 Add: (4) Section 25D of the Acts Interpretation Act 1901 does not apply to a requirement under paragraph (1)(b). 3 After section 305 Insert:
305A Publication of additional statement about cancellation or suspension of registration
(1) If the Migration Agents Registration Authority cancels or suspends the registration of a registered agent, the Authority may: (a) prepare a statement about the cancellation or suspension; and (b) make the statement available to any or all of the following: (i) the public; (ii) one or more sections of the public; (iii) one or more groups of persons; (iv) one or more persons. (2) A statement under subsection (1) may include, set out or refer to any or all of the following: (a) the contents of a statement under subsection 305(1): (b) an extract from a statement under subsection 305(1); (c) the Authority’s reasons for cancelling or suspending registration; (d) the Authority’s findings on any material questions of fact; (e) the evidence or any other material on which the findings of fact were based. (3) Subsection (2) does not limit subsection (1). (4) A statement under subsection (1) may be made available: (a) by being published in a newsletter, newspaper or periodical; or (b) on the Internet; or (c) in any other way. (5) An action or proceeding (whether civil or criminal) does not lie against a person for publishing in good faith: (a) a copy of; or (b) a fair extract from; or (c) a fair summary of; a statement under subsection (1). 4 After Division 3 of Part 3 Insert:
Division 3A—Documents relating to clients of inactive agents and deceased agents
306A Objects of this Division
The objects of this Division are: (a) to ensure that clients of inactive agents are not unduly disadvantaged by the agent becoming inactive; and (b) to ensure that clients of deceased agents are not unduly disadvantaged by the death of the agent; by empowering the Migration Agents Registration Authority to: (c) obtain copies of client documents from inactive agents or from the legal personal representatives of deceased agents; and (d) give the copies to the clients concerned. Note: An agent becomes inactive as a result of expiry of registration, deregistration, cancellation of registration, suspension of registration, or incapacity (see section 306B).
306B Inactive agents
For the purposes of this Division: (a) if a person ceases to be a registered agent because the person’s period of registration expires under section 299: (i) the person becomes an inactive agent at the time of the cessation; and (ii) the person remains an inactive agent until the end of the period of 2 years after the cessation or until the person again becomes a registered agent, whichever happens first; and (b) if, at a person’s request, the Migration Agents Registration Authority deregisters the person under section 302: (i) the person becomes an inactive agent at the time of the deregistration; and (ii) the person remains an inactive agent until the end of the period of 2 years after the deregistration or until the person again becomes a registered agent, whichever happens first; and (c) if the Migration Agents Registration Authority cancels a person’s registration under section 303: (i) the person becomes an inactive agent at the time of the cancellation; and (ii) the person remains an inactive agent for 2 years; and (d) if the Migration Agents Registration Authority suspends a person’s registration under section 303: (i) the person becomes an inactive agent at the time of the suspension; and (ii) the person remains an inactive agent for the period of the suspension; and (e) if, while a person is a registered agent, the person becomes physically or mentally incapable, for a continuous period of not less than 14 days, of giving immigration assistance: (i) the person becomes an inactive agent at the end of that period of 14 days; and (ii) the person remains an inactive agent until the person ceases to be physically or mentally incapable of giving immigration assistance.
306C Clients
For the purposes of this Division, if a registered agent gave, or anticipated giving, immigration assistance to another person who is: (a) a visa applicant or potential visa applicant; or (b) a cancellation review applicant; or (c) a person nominating (or seeking to nominate) a visa applicant for the purposes of the regulations; or (d) a person sponsoring (or seeking to sponsor) a visa applicant for the purposes of the regulations; then: (e) the other person is a client of the registered agent and, if the registered agent dies, the other person remains a client of the deceased registered agent; and (f) if the registered agent becomes an inactive agent—the other person remains a client of the inactive agent and, if the inactive agent dies, the other person remains a client of the deceased inactive agent.
306D Power to obtain copies of client documents from inactive agent
(1) This section applies to a person who is an inactive agent if the Migration Agents Registration Authority has reason to believe that: (a) before becoming an inactive agent and while the person was a registered agent, the person gave, or anticipated giving, immigration assistance to one or more clients; and (b) the inactive agent has in his or her possession or control documents that: (i) are or were connected with the giving, or anticipated giving, of that immigration assistance to those clients; and (ii) relate to the affairs of those clients. (2) The Migration Agents Registration Authority may, by written notice given to the inactive agent, require the inactive agent: (a) to make copies of any such documents; and (b) to produce to the Authority, within the period and in the manner specified in the notice, those copies. (3) A notice under subsection (2) must set out the effect of sections 306G and 306H. (4) A notice under subsection (2) need not identify any particular client or clients. (5) A period specified in a notice under subsection (2) must end at least 14 days after the notice was given.
306E Power to obtain copies of client documents from representative of deceased inactive agent
(1) This section applies to the legal personal representative of a deceased person if the deceased person was an inactive agent at the time of death and the Migration Agents Registration Authority has reason to believe that: (a) before becoming an inactive agent and while the deceased person was a registered agent, the deceased person gave, or anticipated giving, immigration assistance to one or more clients; and (b) the legal personal representative has in his or her possession or control documents that: (i) are or were connected with the giving, or anticipated giving, of that immigration assistance to those clients; and (ii) relate to the affairs of those clients. (2) The Migration Agents Registration Authority may, by written notice given to the legal personal representative, require the legal personal representative: (a) to make copies of any such documents; and (b) to produce to the Authority, within the period and in the manner specified in the notice, those copies. (3) A notice under subsection (2) must set out the effect of sections 306G and 306H. (4) A notice under subsection (2) need not identify any particular client or clients. (5) A period specified in a notice under subsection (2) must end at least 14 days after the notice was given.
306F Power to obtain copies of client documents from representative of deceased registered agent
(1) This section applies to the legal personal representative of a deceased person if the deceased person was a registered agent at the time of death and the Migration Agents Registration Authority has reason to believe that: (a) while the deceased person was a registered agent, the deceased person gave, or anticipated giving, immigration assistance to one or more clients; and (b) the legal personal representative has in his or her possession or control documents that: (i) are or were connected with the giving, or anticipated giving, of that immigration assistance to those clients; and (ii) relate to the affairs of those clients. (2) The Migration Agents Registration Authority may, by written notice given to the legal personal representative, require the legal personal representative: (a) to make copies of any such documents; and (b) to produce to the Authority, within the period and in the manner specified in the notice, those copies. (3) A notice under subsection (2) must set out the effect of sections 306G and 306H. (4) A notice under subsection (2) need not identify any particular client or clients. (5) A period specified in a notice under subsection (2) must end at least 14 days after the notice was given.
306G Reasonable compensation
A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a notice under section 306D, 306E or 306F.
306H Failure to comply with notice
A person is guilty of an offence if: (a) the person is subject to a requirement under section 306D, 306E or 306F; and (b) the person contravenes the requirement. Penalty: 30 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
306J Self-incrimination
An individual is excused from producing a copy of a document under section 306D, 306E or 306F on the ground that the production of the copy might tend to incriminate the individual or expose the individual to a penalty.
306K Migration Agents Registration Authority to give copies of client documents to clients
(1) If: (a) a copy of a document is given to the Migration Agents Registration Authority under section 306D by an inactive agent; and (b) the document relates to the affairs of a particular client of the inactive agent; then, as soon as practicable, the Migration Agents Registration Authority must: (c) give the copy to the client; and (d) give the client information about how to contact other registered agents. (2) If: (a) a copy of a document is given to the Migration Agents Registration Authority under section 306E or 306F by the legal personal representative of: (i) a deceased inactive agent; or (ii) a deceased registered agent; and (b) the document relates to the affairs of a particular client of the deceased agent; then, as soon as practicable, the Migration Agents Registration Authority must: (c) give the copy to the client; and (d) give the client information about how to contact other registered agents.
306L Compensation—constitutional safety-net
(1) If: (a) apart from this section, the operation of this Division would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition. (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines. (3) A provision of this Act (other than this Division) that provides for compensation for the acquisition of property does not apply to this Division. (4) In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. 5 At the end of section 316 Add: ; and (h) such other functions as are conferred on the Authority by this Part. 6 After subsection 333(3) Insert: (3A) The fact that this Part ceases to be in force does not affect any liability incurred under section 306G or 306L. 7 Application of amendments—section 305 of the Migration Act 1958 Despite the amendments of section 305 of the Migration Act 1958 made by this Schedule, that section continues to apply after the commencement of this item, in relation to a cancellation or suspension decision made before the commencement of this item, as if those amendments had not been made. 8 Application of amendments—Division 3A of Part 3 of the Migration Act 1958 Division 3A of Part 3 of the Migration Act 1958 applies in relation to immigration assistance given, or anticipated to be given, whether before, at or after the commencement of this item.
I hereby certify that this bill originated in the Senate and has been finally passed by the Senate and the House of Representatives. Clerk of the Senate In the name of Her Majesty, I assent to this Act. Governor-General 22 December 1999 (181/99)
