Migration Agents Amendment (CPD Requirements) Regulations 2019

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 04 April 2019

Peter Cosgrove

Governor‑General

By His Excellency’s Command

David Coleman

Minister for Immigration, Citizenship and Multicultural Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Migration Agents Regulations 1998

1  Name

  This instrument is the Migration Agents Amendment (CPD Requirements) Regulations 2019.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Migration Agents Regulations 1998

1  After regulation 6

Insert:

6A  Continuing professional development—lawyers who hold practising certificates

  Regulation 6 does not apply in relation to an application for repeat registration by a registered migration agent if, at the time of making the application, the applicant is a lawyer who holds a current practising certificate granted under a law of a State or Territory.

Note: In order to hold a practising certificate granted under a law of a State or Territory, a lawyer must satisfy the continuing professional development requirements of the relevant legal professional association in that State or Territory.

2  In the appropriate position in Part 5

Insert:

Division 5—Amendments made by the Migration Agents Amendment (CPD Requirements) Regulations 2019

23  Operation of amendments

  Regulation 6A of these Regulations, inserted by the Migration Agents Amendment (CPD Requirements) Regulations 2019 (the amending Regulations), applies in relation to the following applications for repeat registration:

 (a) an application made before the commencement of the amending Regulations, if no decision had been made in relation to the application immediately before that commencement;

 (b) an application made on or after the commencement of the amending Regulations.