The Migration Agents Declaration is made under subsection 51A(1) of the Legislation Act. Under that subsection, the Attorney-General can align the sunsetting days of two or more legislative instruments to 1 April or 1 October of a year that is up to five years later than the earliest sunsetting day.
The instruments specified in the declaration will then be repealed on the day specified in the declaration instead of the scheduled sunsetting day. The instruments specified in the Migration Agents Declaration are:
- Migration Agents Regulations 1998
- Migration Agents Registration Application Charge Regulations 1998
- Migration Agents (IMMI 17/047: CPD Activities, Approval of CPD Providers and CPD Provider Standards) Instrument 2017, and
- Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018.
The Migration Agents Declaration aligns the sunsetting dates of the instruments to be 1 April 2024.
The objective of issuing a declaration is to facilitate the undertaking of a single thematic review into the fitness-for-purpose of multiple instruments relevant to a particular industry, enabling Act or theme; or the implementation of the reviews findings.
This will reduce the administrative burden as well as legislative inconsistencies that can arise from reviewing and remaking related legislation independently at different times.
Source: Legislation----migration-agents-instruments-sunet-altering-declaration-2019.pdf
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