Commonwealth of Australia Explanatory Memoranda

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MIGRATION LEGISLATION AMENDMENT BILL (NO. 3) 1997

1997

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES





MIGRATION LEGISLATION AMENDMENT BILL (No. 3) 1997

EXPLANATORY MEMORANDUM









(Circulated by authority of the
Minister for Immigration and Multicultural Affairs,
the Hon. Philip Ruddock MP)

88197  Cat. No. 96 7590 6  ISBN 0644 501154

MIGRATION LEGISLATION AMENDMENT BILL (No. 3) 1997


OUTLINE

1 The Migration Legislation Amendment Bill (No. 3) 1997 (the Bill) will amend provisions in the Migration Act 1958 (the Migration Act) relating to the Migration Agents Registration Scheme (MARS).

2 Part 3 of the Migration Act provides a comprehensive scheme (MARS) to regulate the conduct of migration agents and to provide consumer protection to vulnerable clients by investigating complaints and imposing sanctions on agents where necessary.

3 Pursuant to section 333 of the Migration Act, MARS will cease to be in force on 21 September 1997. The Bill will extend MARS for six months beyond its current expiry date, to 21 March 1998.

4 The extension of MARS for a further six months will allow time for the transfer of responsibility for the regulation of the migration advice industry from government to the industry.

5 The Bill will commence upon the Royal Assent.


FINANCIAL IMPACT STATEMENT

6 The running costs for MARS will continue to be offset by revenue received from applications for registration and renewal of applications, funded through the existing running costs appropriation.


MIGRATION LEGISLATION AMENDMENT BILL (No. 3) 1997


NOTES ON INDIVIDUAL CLAUSES

Clause 1 Short Title

1 This clause provides that the Act may be cited as the Migration Legislation Amendment Act (No. 3) 1997.

Clause 2 Commencement

2 This clause provides that the Act will commence on the day on which it receives the Royal Assent.

Clause 3 Schedule(s)

3 This clause provides that the Migration Act is amended or repealed as set out in the applicable items in the Schedule concerned, and that any other item in a Schedule is to operate according to its terms.



SCHEDULE 1

AMENDMENT OF THE MIGRATION ACT 1958

Item 1 Division 7 of Part 3 (heading)

4 This amendment replaces the previous heading for Division 7 of Part 3 of the Migration Act with the new heading which highlights when the Part ceases to be in force, that is, on 21 March 1998.

Item 2 Subsection 333(1)

5 This item substitutes a new date, "21 March 1998", on which the Part will cease to be in force.

Note: A notation is made after the proposed amendment to subsection 333(1) to provide that the heading to section 333 is to be altered by replacing the existing time reference with "on 21 March 1998".



Item 3 Subsection 333(4)

6 This item substitutes a new date with respect to refunds for all or part of the registration application fees and renewal fees. Refunds may be provided for under the Migration Regulations for fees paid later than 21 March 1997.

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