Migration Agents Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 2292

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 19 September 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

GARY HARDGRAVE

Minister for Citizenship and Multicultural Affairs

1 Name of Regulations

  These Regulations are the Migration Agents Amendment Regulations 2002 (No. 1).

2 Commencement

  These Regulations commence on 1 November 2002.

3 Amendment of Migration Agents Regulations 1998

  Schedule 1 amends the Migration Agents Regulations 1998.

Schedule 1 Amendments

(regulation 3)

[1] Before regulation 1

insert

Part 1 Introductory

[2] After regulation 3

insert

Part 2 Assistance given by persons not registered

3A Definitions for Part 2

 (1) In this Part:

employee has the meaning given by regulation 3B.

employer has the meaning given by regulation 3B.

migrating employee, in relation to an employer, means an employee, or a prospective employee, of the employer:

 (a) whom the employer intends to sponsor or nominate for the Migration Regulations 1994; or

 (b) whom the employer is likely to sponsor or nominate for those Regulations.

specified application means an application for one of the following classes of visa:

 (a) Employer Nomination (Migrant) (Class AN);

 (b) Employer Nomination (Residence) (Class BW);

 (c) Labour Agreement (Migrant) (Class AU);

 (d) Labour Agreement (Residence) (Class BV);

 (e) Temporary Business Entry (Class UC).

3B Meaning of employer and employee

  For this Part, a person is the employer of an individual, and the individual is the employee of the person, if:

 (a) the person engages the individual to work in the person’s workplace for an indefinite period rather than for a specified term or for the duration of a specified task; and

 (b) the person is responsible for paying the individual’s salary or wages.

3C Assistance given by employers

 (1) For subregulation (2), the relevant circumstances are that an employer gives assistance of the kind mentioned in subsection 276 (1) or (2) of the Act to a migrating employee of the employer in relation to a specified application made by the migrating employee.

 (2) For subsection 276 (4) of the Act:

 (a) the employer in the relevant circumstances does not give immigration assistance; and

 (b) an employee who acts on behalf of the employer in the relevant circumstances does not give immigration assistance.

3D Representations made by employers

 (1) For subregulation (2), the relevant circumstances are that an employer makes representations of the kind mentioned in subsection 282 (4) of the Act on behalf of a migrating employee of the employer in relation to a specified application made by the migrating employee.

 (2) For subsection 282 (5) of the Act:

 (a) the employer in the relevant circumstances does not make immigration representations; and

 (b) an employee who acts on behalf of the employer in the relevant circumstances does not make immigration representations.

[3] Before regulation 4

insert

Part 3 Migration Agents

[4] After regulation 7

insert

7A Publication of notice of barring former agents from registration

  For subsection 311B (2) of the Act, the Authority must publish the notice in a way in which the notice mentioned in regulation 7 must be published.

1. These Regulations amend Statutory Rules 1998 No. 53, as amended by 1999 No. 69; 2000 Nos. 64 and 309; 2001 No. 143.

2. Notified in the Commonwealth of Australia Gazette on 26 September 2002.