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Extending the Lifeline of Migration Agent Regulations: Insights into the 2024 Legislative Certificate

In an important regulatory update for 2024, the Australian Government issued the Legislation (Deferral of Sunsetting—Migration Agents Instruments) Certificate under the auspices of the Legislation Act 2003. This move is pivotal in maintaining the regulatory oversight of migration agents by extending critical legislation beyond its original expiration.

Understanding Sunsetting Sunsetting serves as a legislative cleaning mechanism, ensuring laws expire after a decade unless deemed necessary to extend. This ensures the legal framework remains streamlined and pertinent.

Purpose Behind the Extension The Certificate proactively extends the validity of crucial migration agent regulations by two years, moving the expiration from April 1, 2024, to April 1, 2026. This affects foundational aspects of migration agent governance, including CPD requirements and registration protocols.

Rationale for Regulatory Extension This strategic extension grants the Department of Home Affairs the window needed to refine and revamp these regulations. It comes in response to detailed reviews of the migration advice sector and precedes anticipated legislative enhancements to fortify the oversight of migration agents.

Consultative Steps and Rationalization The Attorney-General's issuance of the Certificate followed a comprehensive evaluation, aligning with significant sector reviews and the forthcoming legislative framework expected to reshape the regulation of migration agents. This process underscores the decision's depth and the commitment to minimise administrative redundancies.

Adherence to Human Rights Aligning with human rights, the extended regulations respect privacy rights within a framework that permits specific disclosures under regulated conditions. These measures are carefully balanced against the regulatory goals.

Future Implications By deferring the sunset of pivotal regulations, this Certificate ensures the migration advice industry's regulatory continuity amid transformative reviews and reforms. It exemplifies a thoughtful legislative approach, guaranteeing the sector's resilience and alignment with both national interest and global commitments.

Source: Deferral-of-Sunsetting-MA-instruments-2024.pdf and Legislation-Deferral-of-Sunsetting-Migration-Agents-Instruments-CertificAte-2024.pdf

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