Selected Legislation Changes - April - June 2021

Change Details Effective from
 186 occupation list

LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa (Compilation): https://www.legislation.gov.au/Details/F2021C00335

186 occupation list and skills assessing authorities update

 24 March 2021
Immigration (Education) Act 1971

Immigration (Education) Act 1971 - compilation: https://www.legislation.gov.au/Details/C2021C00210

19 April 2021
 English tuition Regulations

 Migration Legislation Amendment (English Tuition) Regulations 2021: https://www.legislation.gov.au/Details/F2021L00262

· make consequential amendments to the Immigration (Education) Regulations following removal of the limit of 510 hours on the Commonwealth’s obligation to provide English courses under the Immigration (Education) Act;

· update provisions of the Migration Regulations for the refund, in certain circumstances, of the second instalment of the visa application charge paid by relevant applicants who do not commence an approved English course for which they are eligible under the Immigration (Education) Act; and

· update the prescribed evidence of functional English for the purposes of the Migration Regulations to take account of the fact that providers of approved courses under the Immigration (Education) Act will no longer be making determinations that a person has functional English.

 19 April 2021
 Vocational English definition for AMEP

 Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021: https://www.legislation.gov.au/Details/F2021L00464

The purpose of the instrument is to specify the procedures or standards for an approved English language provider to determine whether a migrant in Australia has ‘vocational English’.

 20 April 2021
Temporary visa eligible for AMEP

Immigration (Education) (Specification of temporary visas) Instrument (LIN 21/013) 2021: https://www.legislation.gov.au/Details/F2021L00465

The instrument specifies the classes of temporary visas that a person must hold, or have applied for, to be eligible for English courses.

20 April 2021
Trans Tasman Bubble

Biosecurity Legislation (Human Coronavirus with Pandemic Potential) Amendment (No. 1) Determination 2021: https://www.legislation.gov.au/Details/F2021L00456

amends Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2020: https://www.legislation.gov.au/Details/F2020L01307

and amends Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020

to provide that where a person has spent the previous 14 days only in either or both Australia and New Zealand, they are exempt from the travel ban if they intend to travel directly to New Zealand only and then return to Australia; or they travel directly to New Zealand and do not intend to return to Australia. The effect of these provisions is to clarify that the general exemption to the travel ban for travel to New Zealand will not apply where a person intends to onward travel from New Zealand to another foreign country.

19 April 2021
Travel ban for travellers from India

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—High Risk Country Travel Pause) Determination 2021: https://www.legislation.gov.au/Details/F2021L00533

requires passengers on a relevant international flight not to enter Australian territory at a landing place if the person has been in India within 14 days of the day the flight was scheduled to commence.

3 May 2021
Family visa - maxmum grants for FY2020-21

Migration (Granting of contributory parent visas, parent visas and other family visas in the 2020/2021 financial year) Instrument (LIN 21/025) 2021: https://www.legislation.gov.au/Details/F2021L00511

The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas in the financial year from 1 July 2020 to 30 June 2021:

a. Contributory Parent visas: 3,600 (which includes 125 visas under the Pathway to Permanent Residence for Retirees that was introduced under the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018)

b. Parent visas: 900

c. Other Family visas: 500.

30 April 2021
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Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents (direct link here). 

It prescribes obligations of migration agents towards their clients.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

Consumer protection - see MARA Consumer Guide.

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Migration Institute of Australia

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OZ HOME MIGRATION

Ales Welter, MARN 1464306

Level 2 Kings Court

8-12 King St

Rockdale NSW 2216

Phone: 0403 41 66 70

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