Legislative Updates

A new instrument that commences on 25 Feb 2020: "The Instrument operates for the Minister to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

The "Deregulation" Bill passed the House of Reps on 12 Feb 2020 and was introduced and read a first time in the Senate on 13 Feb 2020. On 28 November 2019, the Senate referred the provisions of the Bill to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 March 2020. As a result, it is unlikely that the Senate will debate the Bill before 23 March 2020, which is the first sitting day following the report's deadline. We discuss in this article that the Deregulation Bill is not just about the deregulation of lawyers, but also includes other important changes.

"The main purpose of this Bill is to update specific references to short titles of regulations in the statute law of the Commonwealth that have become out of date due to the remaking or renaming of the regulations or that are at risk of becoming out of date in future due to remaking or renaming".

"The purpose of this instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of applying the labour market testing condition.  Specifically, section 6 of the instrument includes three new free trade agreements made under ..." 

The new instrument is made under paragraphs 5.36(1)(a) and (b), and 5.36(1A)(a) of the Migration Regulations 1994 (Cth). "Paragraph 5.36(1)(a) of the Regulations states that the payment of a fee, other than a visa application charge mentioned in regulation 5.36(3A) of the Regulations must be made in a place, being Australia or a foreign country, that is specified by the Minister in a legislative instrument". Another instrument also published today amends the above new instrument.

"The purpose of the [new] instrument is to undertake a biannual update of the places and corresponding currencies in which payment of a fee may be made".

The new Regulations make important changes to the conditions imposed on visa subclasses 600 (visitor) and 870 (parent) and to the eligibility for merits review for subclass 870 applicants. Some of the changes commence on 19 December 2019 and some on 29 February 2020.

The Migration Act 1958 (Cth) has been amended with effect from 5 December 2019 to "repair" (in the words of the Bill) what has become known as the "medevac" legislation.

The "Deregulation Bill" passed the House of Reps on 12 Feb 2020 and awaits debate in the Senate. Under the Bill's previous version, although practitioners would eventually have to decide between being either lawyers or RMAs, those who would become Restricted Practising Certificate (RPC) holders after the commencement of Schedule 1 & 2 of the Bill could subsequently also become and then remain RMAs for 2 years after the RPC grant, extendable by another 2. That is no longer the case. However, in response to the argument made by individuals including the writer in written submissions to the Senate, those who are RMAs before becoming lawyers will be able to transition and thus avoid giving up their clients. We explain why.

"The purpose of the instrument is to determine the maximum number of visas for [parent and other family] visas for the financial year commencing 1 July 2019 to 30 June 2020".