Migration (Migration Agents Code of Conduct) Regulations 2021, dated 16 December 2021, has introduced a new Migration Agents code of conduct commencing on 1 March 2022.
Migration Agents Regulations 1998 has been amended by Migration (Migration Agents Code of Conduct) Consequential Amendments Regulations 2021 to repeal the previous Migration Agents Code of Conduct from 1 March 2022, and for the introduction of a new code.
The new Code of Conduct implements a recommendation of the Independent Review of the Office of the Migration Agents Registration Authority (the Independent Review) in September 2014, stating that the Code of Conduct be revised as it was “verbose, unclear and as a result problematic”.
Hence, the new code of conduct aims to remove the ambiguity of the previous code, to improve the code’s uptake and provide for increased consumer protection by:
- Organising the code by removing duplication and outdated clauses.
- Updating fee-related provisions and record-keeping with consumer expectations and modern trends.
- Clarifymigration agent’s obligations, including obligations relating to notification requirements, initial consultation sessions, assessment-ready applications, record-keeping, document return, and representations to a decision-maker.
- Assembling provisions dealing with similar subject matter together in the same parts of the code to improve ease of navigation.
- Enabling migration agents to more clearly understand their obligations and implement best business practices, including duties relating to advertising, managing clients’ accounts, managing conflicts of interest, and working in a business with others who may not be registered migration agents.
The Instrument is registered on the Federal Register of Legislation on 20 December 2021 and will commence on 1 March 2022.
To access the Code Regulations, click here.
