Repeal of the Sunset Clause Terminating Statutory Self-regulation of the Migration Advice Industry at s333 of the Migration Act 1958

24 February 2003 - Legislation Change

Client summary

From 24 February 2003, Division 7 of Part 3 of the Migration Act 1958 (the Act) has been removed to enable statutory self-regulation of the migration advice industry (the Industry) to continue beyond 21 March 2003.

Technical details

Additional information: Part 3 of the Act provides a scheme for regulating the Industry. The main elements of the scheme are: an Industry body, the MARA, to administer the registration and maintain a register of migration agents; a framework for investigating complaints against and imposing sanctions on migration agents; and a legally-binding code of conduct to guide migration agents in their practice and business activities.

This amendment was recommended by the 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry (the Review). The Review found that while the Industry regulator - the Migration Institute of Australia, appointed as the Migration Agents Registration Authority - continued to improve consumer protection and standards within the Industry, it was not yet ready to move to full (i.e. voluntary) self-regulation. The Review also concluded that the current scheme should no longer be subject to a sunset clause but reviewed in five years after the Industry has achieved key milestones towards full self-regulation.

Transitional arrangements: Nil.

Forms: Nil.

Instructions: Nil.

Effect on delegations: Nil.

Effect on systems: Nil.