Changes to the Migration Agents Regulations 1998 concerning lodgement of complaints and Code of Conduct requirements
1 March 2003 - Legislation change
Client summary
From 1 March 2003, immigration law has been amended to:
- clarify that organisations, such as tribunals, courts, community organisations and the Department of Immigration and Multicultural Affairs, as well as individuals, are able to make complaints about migration agents to the Migration Agents Registration Authority;
- require agents to provide their clients with a booklet entitled "Information on the Regulation of the Migration Advice Profession" and retain evidence that they have done so;
- clarify situations in which a migration agent should not accept a person as a client due to the possibility of a conflict of interest arising and provide guidance to agents about their responsibilities if they become aware that such a conflict exists, following acceptance of a client;
- clarify that agents are required to keep separate operating and client accounts with a financial institution; and
- enable agents to satisfy the Code of Conduct requirement that
they maintain a professional library, if they have access to such
a library, maintained by their employer or business.
Technical details
Additional information: These changes (except for those to the professional library requirement) were recommended by the 2001-02 Review of Statutory Self-Regulation of the Migration Advice Industry.
They have been made by inserting new regulation 9A and amending
regulations 3 and 9, and several clauses of Schedule 2 of the Regulations
(ie. the Code of Conduct).
Transitional arrangements: Nil.
Forms: Nil.
Instructions: Nil.
Effect on delegations: Nil.
Effect on systems: Nil.