Division Description Changes — Bills — Migration Amendment (Regulation of Migration Agents) Bill 2019, Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019; Second Reading — 15th Jun 2020

Change	Division
senate vote 2020-06-15#1 Edited by mackay staff on 2020-07-10 11:10:36	Title Bills — Migration Amendment (Regulation of Migration Agents) Bill 2019, Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019; Second Reading Migration Amendment (Regulation of Migration Agents) Bill 2019 and another - Second Reading - Agree with bills' main idea Description ~~<p class="speaker">Marise Payne</p>~~ <p>I will continue with the summing-up speech for these bills. The bills reflect the government's deregulation agenda and its commitment to establishing a world-class migration advice industry, and remove the unnecessary administrative burden of dual regulation of these legal practitioners who are already subject to a strict professional regulatory regime.</p> <p>The government recognises that deregulation should not be prioritised over the maintenance of important consumer protections. The Senate Legal and Constitutional Affairs Legislation Committee stated:</p> The majority voted in favour of agreeing with the main idea of the bills. In parliamentary jargon, they voted to read the bills for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), which means that they can now consider them in more detail. ### What is the main idea of the bills? NSW Senator [Marise Payne](https://theyvoteforyou.org.au/people/senate/nsw/marise_payne) (Liberal) [explained that](https://www.openaustralia.org.au/senate/?id=2020-06-15.15.1): *> The bills reflect the government's deregulation agenda and its commitment to establishing a world-class migration advice industry, and remove** the unnecessary administrative burden of dual regulation of these legal practitioners who are already subject to a strict professional regulatory regime.* According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd081): > The purpose of the [Migration Amendment (Regulation of Migration Agents) Bill 2019](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6448) (the Migration Agents Bill) is to amend the Migration Act 1958 in order to deregulate the migration advice industry, in particular to remove lawyers who hold unrestricted practicing certificates from regulation by the Migration Agents Registration Authority (MARA). Lawyers would no longer be able to register as migration agents and would be regulated by the relevant state or territory legal professional body. > *> The purpose of the [Migra*tion Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6446) (the Rates of Charge Bill) is to amend the Migration Agents Registration Application Charge Act 1997 (the Charge Act) to ensure that a migration agent who paid the non-commercial registration application charge in relation to their current period of registration, but gives immigration assistance otherwise than on a non-commercial basis, is liable to pay an adjusted charge. <p class="italic">The committee is confident that the legal profession in Australia is well-regulated and offers effective consumer protection mechanisms, including for vulnerable consumers, such as those who seek migration assistance.</p> <p>The regulation-of-migration-agents bill also allows the OMARA to refuse an application for registration as a migration agent if the migration agent does not provide further information. This will remedy the current situation, where the application will remain open and unfinalised indefinitely while there is a failure by an agent to provide the information sought. The bill will also complement amendments to fees and charges in the rates-of-charge bill and make other minor amendments. The rates-of-charge bill ensures that a person who paid the non-commercial application charge in relation to their current period of registration, but gives immigration assistance otherwise than on a non-commercial basis, is liable to pay an adjusted charge.</p> <p>In summary, we are committed to a strong but practical migration advice industry that works in the best interests of Australia and believe that the bills deserve the support of all senators. I commend the bills to the chamber.</p> ~~<p class="speaker">Sue Lines</p>~~ ~~<p>The question is that the motion moved by the minister be agreed to.</p>~~

~~Marise Payne~~
I will continue with the summing-up speech for these bills. The bills reflect the government's deregulation agenda and its commitment to establishing a world-class migration advice industry, and remove the unnecessary administrative burden of dual regulation of these legal practitioners who are already subject to a strict professional regulatory regime.
The government recognises that deregulation should not be prioritised over the maintenance of important consumer protections. The Senate Legal and Constitutional Affairs Legislation Committee stated:
The majority voted in favour of agreeing with the main idea of the bills. In parliamentary jargon, they voted to read the bills for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/), which means that they can now consider them in more detail.
### What is the main idea of the bills?
NSW Senator [Marise Payne](https://theyvoteforyou.org.au/people/senate/nsw/marise_payne) (Liberal) [explained that](https://www.openaustralia.org.au/senate/?id=2020-06-15.15.1):
> *The bills reflect the government's deregulation agenda and its commitment to establishing a world-class migration advice industry, and remove the unnecessary administrative burden of dual regulation of these legal practitioners who are already subject to a strict professional regulatory regime.*
According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd081):
> *The purpose of the [Migration Amendment (Regulation of Migration Agents) Bill 2019](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6448) (the Migration Agents Bill) is to amend the Migration Act 1958 in order to deregulate the migration advice industry, in particular to remove lawyers who hold unrestricted practicing certificates from regulation by the Migration Agents Registration Authority (MARA). Lawyers would no longer be able to register as migration agents and would be regulated by the relevant state or territory legal professional body.*
>
> *The purpose of the [Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6446) (the Rates of Charge Bill) is to amend the Migration Agents Registration Application Charge Act 1997 (the Charge Act) to ensure that a migration agent who paid the non-commercial registration application charge in relation to their current period of registration, but gives immigration assistance otherwise than on a non-commercial basis, is liable to pay an adjusted charge.*
The committee is confident that the legal profession in Australia is well-regulated and offers effective consumer protection mechanisms, including for vulnerable consumers, such as those who seek migration assistance.
The regulation-of-migration-agents bill also allows the OMARA to refuse an application for registration as a migration agent if the migration agent does not provide further information. This will remedy the current situation, where the application will remain open and unfinalised indefinitely while there is a failure by an agent to provide the information sought. The bill will also complement amendments to fees and charges in the rates-of-charge bill and make other minor amendments. The rates-of-charge bill ensures that a person who paid the non-commercial application charge in relation to their current period of registration, but gives immigration assistance otherwise than on a non-commercial basis, is liable to pay an adjusted charge.
In summary, we are committed to a strong but practical migration advice industry that works in the best interests of Australia and believe that the bills deserve the support of all senators. I commend the bills to the chamber.
~~Sue Lines~~
~~The question is that the motion moved by the minister be agreed to.~~