Alex Hawke (Mitchell, Liberal Party, Assistant Minister for Home Affairs) Share this | Hansard source

The government welcomes the opposition's support for the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2017, and I want to thank the shadow minister for his contribution to this important deregulation measure that the government is bringing forward in relation to the regulation of migration agents. The government has long supported the key outcome of this bill, which removes legal practitioners providing immigration advice from the dual regulation by the Migration Agents Registration Authority, known as the MARA, and their relevant law society. The bill is the final legislative step to implement the recommendations of the 2014 independent review, and the effect of this bill will be that relevant state and territory law societies will be the sole regulators for legal practitioners, reducing red tape and regulation for the profession, as members have noted.

The government have consulted extensively with the key stakeholders, and we've gone to the extraordinary step of providing an exposure draft to this sector, given that it does regulate lawyers. I would just note for members who raised concerns about delays that there is a purpose for the delay sometimes. An exposure draft is a proper process that does delay a final bill, but it has led us, of course, to the point where the government will bring forward amendments to this bill to recognise that a small cohort of registered migration agents who hold restricted legal practising certificates can experience difficulty with their practice if they're automatically removed by this bill and the changes when the legislation commences. I want to speak to that for a moment—on the amendment that the government will bring forward. The government's amendments implement the recommendations of the Senate Legal and Constitutional Affairs Legislation Committee, but the exposure draft process allowed us to really workshop a viable solution with the transitional arrangements that will address the disparity in the length of time between various state jurisdictions for legal practitioners. We're pleased to have been able to work closely with the sector and listen to the concerns of people that are caught up by what is a deregulation measure but that has an unintended consequence on particular businesses and people who've been in business for some time and are respected members of the migration profession.

The government amendments and the removal of restricted legal practitioners from registration with the MARA may have meant that these practitioners may have had to secure supervision as an unrestricted legal practitioner. The amended bill will address the possibly difficulties with this small cohort. While it is small, it's important to get these things right and not unfairly impact individuals with our legislative changes. The situation differs from that of lawyers with unrestricted practising certificates, and the government amendments will propose a two-year transitional period up to a maximum of four years to cover the disparity in state jurisdictions for restricted legal practitioners to remain registered migration agents with the MARA during this period. This will provide all individuals with the necessary time, and more time than necessary in some cases, to complete steps to become unrestricted legal practitioners.

Once the individuals have an unrestricted legal practising certificate, they will no longer remain registered with the MARA. The MARA will notify restricted legal practitioners of the two-year period. Restricted legal practitioners who wish to seek the benefit of a further two years, extending to four years, as registered migration agents with the MARA must apply in writing. If there is a reasonable basis to extend the transitional period, the MARA will do so for an additional two years. Should these restricted legal practitioners fail to notify the MARA of their intention to remained registered migration agents for an additional two years, the MARA will automatically remove them from the register of migration agents when the legislation commences. We've had many years of consultation, and the government is announcing that we will do that up-front, and we will work with the sector, but the intention of this legislation is clear. The intention of the amendments the government is bringing forward is to allow for a transitional arrangement, not to undermine or get around this important change the parliament is making.

For restricted legal practitioners who choose to remain registered with the MARA, the additional two-year period will provide them with the time necessary to make a considered decision about their future business arrangements. It will fulfil the requirements to satisfy the grant of an unrestricted practising certificate by the relevant Law Society. And it's just good practice when we're making law that affects existing business to allow transitional arrangements so that people can restructure their business models and make a decision that is in their best interests and their clients' and customers' best interests and that is a reasonable outcome.

There will be a new category of eligible restricted legal practitioners. There may be registered migration agents in the future who are currently studying their law degrees or who are planning to do so in the future. There may also be people currently training to become lawyers or planning to do so in the future with the intention of becoming a registered migration agent. To assist aspirational individuals in this regard, the government amendments facilitate eligible restricted legal practitioners, namely those who have held a restricted practising certificate for less than two years. Such eligible restricted legal practitioners will be able to apply for registration as a migration agent during their eligibility period, which is up to two years after receipt of their restricted legal practising certificate. When their eligibility period to be a registered migration agent ends, those restricted legal practitioners will be able to apply for a further extension of up to two years. As I have mentioned, this transitional arrangement will, we think, cover all of the contingencies out there and be fair to people who are seeking to practise in either field. I recommend the bill to the House.

Question agreed to.

Bill read a second time.

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