Australian Immigration Daily News

Here is the second reading speech:

Second-reading-speech-----Migration-Amendment-Regulation-of-Migration-Agents-Bill-2019.pdf

The Migration Amendment (Regulation of Migration Agents) Bill 2019 (the Bill) amends the Migration Act 1958 (Migration Act) to improve the effectiveness of the scheme that regulates migration agents.

Specifically, the Bill amends Part 3 of the Migration Act to:
- remove unrestricted legal practitioners from the regulatory scheme that governs migration agents, such that unrestricted legal practitioners cannot register as migration agents and are entirely regulated by their own professional bodies. This is beneficial as it will reduce the regulatory and financial burden on lawyers working in the migration advice industry;
- allow eligible restricted legal practitioners to be both registered migration agents and restricted legal practitioners for a period of up to two years. This period may be extended by up to two years (to provide a total maximum of four years in which a person can be registered as both a migration agent and a legal practitioner). This is beneficial as some restricted legal practitioners may otherwise be disadvantaged by the supervisory restrictions on their practising certificates;
- ensure that the time period in which a person can be considered an applicant for repeat registration as a migration agent is set out in delegated legislation rather than on the face of the Migration Act, and remove the 12-month time limit within which a person must apply for registration following completion of a prescribed course;
- repeal various provisions that reference regulatory arrangements that are no longer in place, which will make it clear that the powers under Part 3 of the Migration Act are exercisable by the Minister, as the Migration Agents Registration Authority (MARA) is a part of the Department of Home Affairs, and remove references to the appointment of the Migration Institute of Australia;
- allow the MARA to refuse an application to become a registered migration agent where the applicant has been required to, but has failed to, provide information or answer questions in relation to their application by making a statutory declaration or appearing before the MARA;
- require registered migration agents to notify the MARA if they have paid the non-commercial application charge in relation to their current period of registration but give immigration assistance otherwise than on a non-commercial basis; and
- ensure that the definitions of immigration assistance and makes immigration representations include assisting a person in relation to a request to the Minister to exercise his or her power under section 501C or 501CA of the Migration Act to revoke a character-related visa refusal or cancellation decision.

Migration Alliance support this Bill: https://migrationalliance.com.au/immigration-daily-news/entry/2019-11-australian-lawyers-out-of-omara.html

The announcement By The Assistant Minister for Customs, Community Safety and Multicultural Affairs, the Honourable Jason Wood MP made at the Migration Alliance Conference on 15 November 2019 to the effect that legislation was being tabled, deregulating the provision of “Immigration Assistance” by  Australian Lawyers has been realised.

The "running sore" being the dual regulation of Australian Lawyers by both Law Societies and the OMARA is coming to an end.  The Assistant Minister and the Government are to be commended on this initiative.

The dual regulation of Australian lawyers has been the subject of various reviews and commentary but it is the current Federal Government who has taken the initiative and tabled the relevant legislation.

Here is the explanatory memorandum:

Migration-Agents-Registration-Charge-Amendment-Rates-2.pdf

Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019
This instrument determines the maximum number of visas that may be granted in the financial year commencing 1 July 2018 to 30 June 2019 for the specified classes of visas.
Item was repealed on 26/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L00065


Migration (LIN 19/131: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2019/2020 Financial Year) Instrument 2019
This instrument sets the maximum number of visas that may be granted in a specified financial year (2019/2020) for the visas of specified classes of visas.
Some or all of this item commenced on 26/11/2019
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01496


Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019
This instrument specifies the requirements for making an application for a Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) (Subclass 494) visa. This instrument also specifies the circumstances for when subitem 1242(5) of Schedule 1 to the Migration Regulations 1994 does not apply to an application for a Subclass 494 visa.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01449


Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018) Amendment Instrument 2019
This instrument amends the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 to address changes to the Migration Regulations 1994 as a result of amendments by the Migration Amendment (New Skilled Regional Visas) Regulations 2019.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01448


Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019
This instrument specifies to the Minister’s satisfaction the bodies located in, and have responsibility for, the part of a designated regional area in Australia where a nominated position is located.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01445


Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019
This instrument specifies the forms and fees for an application for approval as a standard business sponsor or a temporary activities sponsor, or to vary a term of approval as a temporary activities sponsor (sponsorship application), or for a nomination of an occupation in relation to a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa. This instrument also specifies the circumstances in which a sponsorship application or nomination can be made in a different way, the different way, and the approved form. This instrument also specifies the process for nomination of a program of occupational training for a Subclass 407 (Training) visa.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01451


Migration (LIN 19/217: Regional Areas) Instrument 2019
This instrument specifies by postcode parts of Australia for the purposes of the definition of 'designated regional area' under regulation 1.03, the definition of 'regional Australia' under subregulation 5.19(16) and paragraphs 888.226(2)(c)(i) and 892.213(3)(b) of the Migration Regulations 1994.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01446


Migration (LIN 19/268: Period, Manner and Evidence of Labour Market Testing) Amendment Instrument 2019
This instrument amends the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to specify the period within which labour market testing is required, the manner in which labour market testing is required to be undertaken and the kinds of evidence that must accompany a nomination. This instrument also specifies certain occupations and positions that are exempt from some of those specified requirements.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01450


Migration (LIN 19/296: Arrangements for Applications for Bridging Visas) Amendment Instrument 2019
This instrument amends the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 to include approved forms 491D, 494V (Internet) and 494V as specified forms for Bridging A (Class WA) and Bridging C (Class WC) visa applications.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01459


Migration(LIN 19/267: Regional Certifying Bodies and Regional Postcodes) Amendment Instrument 2019
This instrument amends the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 to remove references to “regional Australia” as prescribed under subregulation 5.19(16) of the Migration Regulations 1994.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01447


Results for query: Citizenship

Legislative Instruments
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Migration (LIN 19/087: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2018/2019 Financial Year) Instrument 2019
This instrument determines the maximum number of visas that may be granted in the financial year commencing 1 July 2018 to 30 June 2019 for the specified classes of visas.
Item was repealed on 26/11/2019, and is no longer in force
https://www.legislation.gov.au/Details/F2019L00065


Migration (LIN 19/131: Granting of Contributory Parent Visas, Parent Visas and Other Family Visas in the 2019/2020 Financial Year) Instrument 2019
This instrument sets the maximum number of visas that may be granted in a specified financial year (2019/2020) for the visas of specified classes of visas.
Some or all of this item commenced on 26/11/2019
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01496


Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019
This instrument specifies the requirements for making an application for a Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) (Subclass 494) visa. This instrument also specifies the circumstances for when subitem 1242(5) of Schedule 1 to the Migration Regulations 1994 does not apply to an application for a Subclass 494 visa.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01449


Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018) Amendment Instrument 2019
This instrument amends the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 to address changes to the Migration Regulations 1994 as a result of amendments by the Migration Amendment (New Skilled Regional Visas) Regulations 2019.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01448


Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019
This instrument specifies to the Minister’s satisfaction the bodies located in, and have responsibility for, the part of a designated regional area in Australia where a nominated position is located.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01445


Migration (LIN 19/215: Sponsorship Applications and Nominations for Subclass 407, 457, 482 and 494 Visas) Instrument 2019
This instrument specifies the forms and fees for an application for approval as a standard business sponsor or a temporary activities sponsor, or to vary a term of approval as a temporary activities sponsor (sponsorship application), or for a nomination of an occupation in relation to a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa. This instrument also specifies the circumstances in which a sponsorship application or nomination can be made in a different way, the different way, and the approved form. This instrument also specifies the process for nomination of a program of occupational training for a Subclass 407 (Training) visa.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01451


Migration (LIN 19/217: Regional Areas) Instrument 2019
This instrument specifies by postcode parts of Australia for the purposes of the definition of 'designated regional area' under regulation 1.03, the definition of 'regional Australia' under subregulation 5.19(16) and paragraphs 888.226(2)(c)(i) and 892.213(3)(b) of the Migration Regulations 1994.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01446


Migration (LIN 19/268: Period, Manner and Evidence of Labour Market Testing) Amendment Instrument 2019
This instrument amends the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to specify the period within which labour market testing is required, the manner in which labour market testing is required to be undertaken and the kinds of evidence that must accompany a nomination. This instrument also specifies certain occupations and positions that are exempt from some of those specified requirements.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01450


Migration (LIN 19/296: Arrangements for Applications for Bridging Visas) Amendment Instrument 2019
This instrument amends the Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 to include approved forms 491D, 494V (Internet) and 494V as specified forms for Bridging A (Class WA) and Bridging C (Class WC) visa applications.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01459


Migration(LIN 19/267: Regional Certifying Bodies and Regional Postcodes) Amendment Instrument 2019
This instrument amends the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 to remove references to “regional Australia” as prescribed under subregulation 5.19(16) of the Migration Regulations 1994.
Item was tabled on 25/11/2019
https://www.legislation.gov.au/Details/F2019L01447