Selected Legislation Changes - January 2021

Change Details Effective from
 408AGEE Covid-19 changes

 LIN20/283 COVID‑19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Amendment Instrument amends LIN20/229:


-  The instrument operates to amend LIN 20/229, to specify in new subsections 8(3) and (4) an additional class of persons

- Under new subsection 8(3), an applicant is in a class of persons in relation to the COVID-19 pandemic, if the applicant:

a. holds or held a substantive temporary visa which is either 90 days or less from ceasing to be in effect or ceased to be in effect not more than 28 days before the visa application is made; and

b. is currently employed, or has received an offer of employment, in one of the following sectors: aged care, agriculture, child care, disability care, food processing or health care.

- New subsection 8(4) creates a subset of the class of persons specified in subsection 8(3). Subsection 8(4) specifies separate requirements for applicants in relation to employment in the agricultural sector if the applicant:

a. holds or held a Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream that is 90 days or less from ceasing to be in effect or ceased to be in effect not more than 28 days before the visa application is made; and

b. is employed, or has received an offer of employment, from an approved employer under the Seasonal Worker Programme.

- The instrument amends the class of person specified in subsection 8(2) of LIN 20/229 to include any applicant whose substantive temporary visa is 90 days or less from ceasing to be in effect. This is beneficial to applicants in this class as they may now apply for a Subclass 408 visa before their current visa expires. This amendment ensures the 90 day timeframe is applied consistently in relation to aged care work under either subsection 8(2) or (3) of LIN 20/229.

 6 January 2021
Regional Areas

Migration (Regional Areas) Instrument 2020: LIN 20/292

The instrument specifies parts of Australia to be a designated city or major regional centre or a regional centre or other regional area for the purposes of new regulation 1.15M.

20 January 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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