Legislative Updates

'The Senate has referred the provisions of the Freedom of Information Legislation Amendment (Improving Access and Transparency) Bill 2018 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 30 November 2018'.

A notice of motion to disallow the Migration Amendment (Skilling Australians Fund) Regulations 2018 was tabled in the Senate. Should this legislative instrument be disallowed, as of the date of disallowance there would be significant consequences for new and existing 482, 186 and 187 applicants and employers.

We previously announced that the Deregulation Bill was scheduled to be debated in the Senate on 18 September 2018. However, plans have changed and it has not been debated at all this sitting week. Parliament sits again on 15 October 2018.

RMAs can "witness" Commonwealth statutory declarations from 18 Sep 2018. Some have said that the new Regulations are about "certifying" documents, which is incorrect. In addition, the new form might have consequences for natural justice letters.

Some aspects of the deregulation Bill have gone unnoticed by most practitioners, such as its floating transitional period.

A Bill that discourages practitioners to leave charities and work solely on a non-commercial basis.

The government has proposed in the Senate that the commencement date of the 'Deregulation Bill' be amended from 19 November 2018 to 30 June 2019.

The Bill is planned to be debated in the Senate on 18 September, according to the Department of Prime Minister and Cabinet. It separates immigration lawyers from agents and provides a transitional period for agents who become lawyers.

The Bill is scheduled to be debated in the Senate on 19 September. It introduces a framework that facilitates the sharing of personal information, requires approval of persons as family sponsors and imposes obligations and sanctions on them.

Although the new provision makes it lawful for employers to disclose to the Department the tax file numbers of applicants, holders or former holders of certain visas to be prescribed, it does not oblige them to do so.