Update on the removal of lawyers from the second layer of regulation by MARA

the following information from the Director of the Office of the MARA:

Please note the below advice on implementation dates for the Acts Package.

Please note the OMARA is engaging with state and territory legal regulators, we will continue to update you on the matters of the Acts package.

14 August 2020 - Implementation of the Acts package

The Migration Amendment (Regulation of Migration Agents) Act 2020 and Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (the Acts Package) received the Royal Assent on 22 June 2020. The subordinate regulations - Migration Agents Regulations 1998 and Migration Agents Registration Application Charge Regulations 1998 – will be amended accordingly, and the commencement of the amendments will be linked to the relevant schedules of the Acts Package.

The key schedule of the Acts Package, which removes the requirement for unrestricted legal practising certificate holders who give immigration assistance to register with the OMARA, will commence no later than 22 March 2021 (nine months after the Royal Assent). Until that time, legal practitioners must continue to register with the OMARA and pay an application fee in order to provide immigration assistance. Penalties still apply for providing immigration assistance if not a registered migration agent or exempt person. Another schedule, that together with the amended regulations, will increase the period available to an individual to apply for repeat registration as a registered migration agent (RMA) from 12 months to three years, will commence at the same time. We will provide comprehensive advice to the industry in the lead up to the commencement of these provisions.

On 11 August, some other measures of the Acts Package came into force, including:

- removing redundant provisions in Part 3 of the Migration Act 1958, which governs RMAs.

- allowing the OMARA to refuse an application for registration as an RMA if the applicant does not provide requested information, instead of leaving the application unfinalised indefinitely. This change will improve the administrative efficiency of the OMARA.

- expansion of the definitions of 'immigration assistance' and 'makes immigration representations' for the purposes of Part 3 of the Migration Act 1958 to include assisting a person to make a representation to the Minister in relation to the revocation of a visa refusal or cancellation decision on character grounds under section 501C or 501CA. These amendments will deter those not registered as RMAs from assisting another person in making such representations to the Minister, and penalties will apply. Visa refusals and cancellations on character grounds are complex matters and the impact on an affected individual of poor advice or representation has the potential to be very damaging. As such, this amendment would better protect vulnerable consumers by ensuring only RMAs can lawfully assist them.

On 15 October, a further amendment will come into force, to clarify that an RMA who has paid the non?commercial application charge, but gives immigration assistance otherwise than on a non?commercial basis, is liable to pay an adjusted charge.

The Acts are accessible from the Federal Register of Legislation at: www.legislation.gov.au